20-11-2018

Reform of Belgian matrimonial regimes

Until recently, most rules under Belgian marriage law dated back to the Napoleonic era. Some of these were no longer suited to modern society, where life expectancy has increased, stepfamilies have become the norm, and fewer people are getting married. Bernard Goffeaux discusses the main aspects of the revised legislation.

New status of professional assets under a universal community of assets matrimonial regime (communauté universelle des biens)

It was undoubtedly time to clarify what should happen to certain professional assets, such as a company’s clientele and its shares. The reform of the matrimonial regime introduces a number of clarifications and adopts a solution based on the distinction between titular ownership and ownership of financial flows.

Separation of assets with entitlement to subsequently acquired assets (séparation des biens avec participation aux acquêts)

The reform of the matrimonial regime also sets out a framework on which spouses can rely and removes the uncertainty of including such a clause in a marriage contract.

Find out more about the matrimonial regime of separation of assets with entitlement to subsequently acquired assets.

 

Inheritance rights of the surviving spouse under the separation of assets regime (séparation des biens)

Where an inheritance is shared with heirs other than direct descendants, the surviving spouse’s share of the deceased’s estate will depend on whether they were married under a universal community of assets regime (communauté universelle des biens) or a separation of assets regime (séparation des biens).

 

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Bernard Goffaux
Head of Estate Planning

 

For more information on the impact of these tax changes on your personal situation:

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