Marriage contracts, where partners agree on the division of their goods and income, are becoming increasingly popular in Belgium, however, this is not necessarily a "sign of mistrust."
In Belgium, people who get married automatically fall under normal regulations, which dictate that if the couple has children and one of the partners dies, a portion of the inheritance always goes to the offspring. More couples are now drawing up a marriage contract, or prenuptial agreement, that expands on this regulation, according to the notaries federation, notaris.be.
"The increase in the number of contracts has nothing to do with mistrust, on the contrary, it is actually evidence of more trust, as couples are drawing up these contracts to ensure extra protection for their partner in case of death," notary Bart van Opstal, spokesperson for notaris.be, told The Brussels Times.
Fear of getting older
Last year, 14,289 new marriage contracts were concluded in Belgium, up from 13,874 in 2018. Most couples ask for the contracts to state that their possessions only go to their children when both partners have passed away. Van Opstal explained this not only because partners want to protect each other, but that it is also linked with the concern about getting older.
"We keep getting older and older and that comes at a price. Many people in old age need extra care or have to go to care homes. These are all extra costs that people worry about, especially if one partner dies and their pension is reduced. They worry they won't be able to afford these costs."
An increasing number of people have amended their existing contracts for the same reason: in 2018, some 21,730 amendments were made by notaries, a figure that increased to more than 25,700 by last year.
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"When you got married at a young age, you often have very little property to worry about, and you're not as concerned with your future. But at a later stage in the marriage, many couples suddenly start to wonder whether their existing contract offers enough protection," van Opstal explained.
Regional differences
The number of new contracts drawn up and amendments made was proportionally higher in Flanders last year (almost 29,500) compared to Brussels (2,332) and Wallonia (8,208). Van Opstal explained that this has a lot to do with owning real estate.
"For a lot of people, that's the most important asset they have. Looking at that percentage across the country, 60% of the properties owned are located in Flanders," he explained. "This is why they are more likely to protect this via those contracts."
