Terug naar Encyclopedie

Tailored Marital Conditions for Entrepreneurial Couples in Westland

Create marital conditions with settlement clause or exclusion for Westland DGA's in greenhouse horticulture. Prevent disputes upon divorce with custom clauses tailored to greenhouse businesses.

1 min leestijd

Tailored Marital Conditions for Entrepreneurial Couples in Westland

In Westland, the heart of Dutch greenhouse horticulture, entrepreneurial couples often opt for marital conditions with periodic settlement of capital growth (Article 1:141 DCC). This protects contributions to the BV of tomato greenhouses or chrysanthemum exporters, but divides profit growth from seasonal yields 50/50. Absolute exclusion excludes growth, ideal for risky startups in high-tech greenhouse construction or vertical farming.

Notarial execution is mandatory; standard conditions cover DGA pension and goodwill of Westland family businesses. Fiscal linkage: settlement clause activates box 3 on surplus, crucial for subsidies for sustainable energy in greenhouses. Upon divorce: valuation of growth via expert, taking into account local market prices for land and installations. Additional clauses regulate the home on company premises and loans with Rabobank Westland.

Practice in Westland: hybrid model with threshold amount prevents small claims over harvest cycles. Update upon BV growth due to export to Germany or arrival of children. Benefits: dispute prevention and bank financing for expansion of LED lighting. Disadvantage: discussion on 'growth calculation' due to crop price fluctuations. Compare with registered partnership for flexible exit in this dynamic sector.