Relationships
More than 22,000 Flemish couples changed their marriage contracts last year. Inserting a choice clause, which allows the surviving spouse to decide for himself what happens to the joint pot in the event of the partner’s death, is the most popular adjustment.
The number of couples adjusting their marriage contracts has been on the rise in Flanders for several years. In 2023, 22,002 Flemish couples adjusted their contracts, according to figures from the Federation of Notaries (Fednot). In 2018 there were only 17,394. The growth – an increase of 26 percent in five years – is exclusively a Flemish phenomenon. In Wallonia and Brussels together, only 4,461 marriage contracts were amended last year and the figure has been fluctuating for five years.
“There is a growing realization that legal regulations are not always sufficient,” says notary Carol Bohyn. “People are more and more aware that they have to manage their own affairs. Increasing literacy and media reports encourage people to take action. Moreover, families are becoming more complex. Parents realize that a newly composed family requires tailor-made solutions.”
Making real estate communal
Inserting a choice clause is by far the most common adjustment. “This means that the surviving spouse can decide for himself what happens to the joint pot when the partner dies,” says notary Bohyn. “Does he or she want to keep everything for himself? Fine, then the children have to wait. Does he or she want to share with the children immediately? Also fine. A choice clause keeps all options open and opens the door to tax optimisations. In classic family situations, this is almost always a good arrangement.”
Secondly are amendments to the marriage contract to make real estate jointly owned. Bohyn: “People are marrying later and are often already owners. Or they inherited a house or apartment during their marriage. By contributing their home to the communal pot, they become joint owners and it is automatically covered by the optional clause.”
Price tag: 600 to 1,500 euros
For self-employed people, retirement is also often a reason to adjust their marriage contract. “Many self-employed people are married with separation of property,” explains notary Bohyn. “In this way they put a wall between their debts and the family assets. After their retirement, that risk disappears and the separation becomes unnecessary. Switching to a community system is then a logical step. That feels less cold and offers more guarantees for the surviving spouse.”
How much such a change costs depends on the complexity of the file. Bohyn: “For a standard adjustment, the target rate is 600 to 700 euros. If the change is accompanied by a real estate transaction, additional costs and taxes will be charged. Then the price tag rises to +/- 1,500 euros.”
