Notariaat Yarzagaray - Family Law

As the saying goes the notary, doctor and clergyman attend all important events in one’s life. A notary prepares and draws up all official documents when entering marriage, cohabitation, division (of estate) after divorce or when a person has passed away and is in many cases an impartial mediator.

Prenuptial agreement

 When you marry, your future spouses’ and your assets (estate) are mixed. Each owns half of the estate. This is also applicable to any ( prior to marriage) debts, these can be secured against the communal goods.

Prenuptial agreements detail the assets and or debts of each spouse is and what is part of the matrimonial property. This type of agreement can be made before or during the marriage ( e.g. when one of the spouses starts a business) but is only valid as a notarial deed.

Cohabitation agreements

These type of agreements detail the arrangements with respect to living together made between cohabitation partners. For example arrangements can be made regarding livelihood maintenance, use of bank accounts, how (household) bills are split or detailed agreements about property. Furthermore this type of agreement can detail that common goods will go to the surviving spouse. To ensure that private property goes to the surviving spouse a will is also needed.


When a person passes, their belonging and assets will transfer to others. The law stipulates who those people are. If you want your estate wholly or partly inherited differently than in accordance with the statutory rules, it is necessary to make a will.

With a will, you can determine what should happen after your death. A testament allows you to specify who bequeathed assets (and liabilities) get. However, a will give you also space to address more things like:

  • the position of the surviving parent
  • the custody of the children
  • Allocate financial controller over the legacy obtained by the ( underage) children
  • The exclusion of spouses or partners of your children
  • Who executes your estate
  • Wishes regarding your funeral or cremation
  • Specific objects or sums of money that you want to leave to certain people (legacies)


The concept of division is about dividing something that is undivided. Amongst other things a communal goods in a divorce or a inheritance are examples of an undivided estate. In these e cases, what has been common and undivided, must be divided (the undivided community).

In many cases you can divide thins assets yourself, in other cases it is necessary to enlist the help of a notary, especially if it involves registered goods, if the rights to the undivided belong to a minor, or if that person is subject to financial control or under legal restraint.

Certificate of inheritance

Usually the bank requests a certificate of inheritance so the heirs can access the funds of the deceased. A notary draws up this declaration attesting who the heirs are. Before the notary draws up the certificate of inheritance, it shall first investigate wills and close relatives. If there is more than one heir, one of the heirs may be authorized by the other (s) in operations in the context of the settlement of the estate. These proxy grants can also be provided by the notary.  In other cases such a certificate can be required.