IAFL European Chapter Chat - My Dear Law Change - 13 January 2026
Posted: 11 Mar 2026 by
Tim Backx (Netherlands) Premarital mediation and prenuptial agreements
Tim presented on the rise in the Netherlands of family lawyer in addition to notary involvement in prenuptial agreements. They are starting to act frequently as premarital mediators.
Approximately 20% of marriages in the Netherlands have a prenuptial agreement. Generally, these agreements are a simple and quick process arranged by a notary, with a large majority of them using standards templates containing generic clauses. In the last few years, however, family lawyers have found themselves becoming more involved in the drafting. High Net Worth couples want a bespoke and collaborative approach.
In premarital mediation a lawyer will consult with the spouses, with the aim of best understanding the wishes of what each spouse wants throughout the marriage. These wishes will be conveyed to the notary who will draft the prenuptial agreement. This results in a more tailor made document.
Tim referenced a landmark decision - a November 2022 Supreme Court decision which rules you cannot make an agreement in relation to spousal support in the Netherlands (e.g. in the case of a divorce, the parties cannot agree there will be no spousal support). This might make it necessary to have two prenups dealing with different issues in an international case - for instance Netherlands-UK.
Gunilla Olsson Sarvik (Sweden) – New laws re inheritance & political influence on family law
Gunilla explained that the Swedish government executive branch has been very active in its consideration of inheritance law over the last year. An audit report on the administration of estates from October 2025 recommended new laws.
The report said it should be easier for cohabitees to inherit from each other. Currently, the law in Sweden mandates for all of the estate to go to the deceased’s child after just dividing the home. This statutory right has resulted in many situations where cohabitees are unable to remain in the property they previously shared with the deceased. The enquiry recognised this and therefore suggested reforms giving cohabitees much stronger rights.
The Swedish government, in order to be seen as tough on crime, is scrutinising the portion that children are currently required to inherit. It is proposed that if a child has committed a crime and is sentenced to 1 year or more in prison, the parents can write a will which overrides their statutory right to inherit. Gunilla commented that some politicians seek a new law which would enable cousins to inherit - something which had been repealed in 1928. Gunilla stated that this was a somewhat populist tactic to reduce the money which the government receives from the Swedish Inheritance Fund which is the ultimate beneficiary of an estate when there are no living heirs remaining.
Markéta Mlčkovský Millerová (Czech Republic) – Custody, preliminary rulings, and educational measures
Markéta spoke about recent developments changes to the concept of custody; changes, effective from 1 January 2026, to the procedure in which urgent preliminary measures in custody cases are issued; and newly introduced educational measures which prohibit corporal punishment.
Before 2026 in Czechia, there were three forms of custody: sole, shared, and joint. Practically, there was no real difference between sole custody with extensive contract rights and asymmetrical shared custody, resulting in conflicts between parents on who would decide important issues regarding a child’s health and education. The new amendments however have abolished the three forms of custody and introduced a single unified form of custody. In deciding this, the court takes into account the best interests of the child and they individually assess the situation of the family, rather than automatically ruling on 50/50 custody.
The second development concerns a change to procedural law. Previously in interim adjustments to custody it was not necessary to hear both parents. This adjustment can now only be issued once both parents have been heard, and its duration is initially 3 months, upon which it can be extended or appealed.
Finally, new educational measures have been introduced which include a formal statutory prohibition of corporal punishment, and mental suffering and humiliating of children. Markéta commented that this was a victory for the public as the change in law finally fulfilled UN convention and ECHR case law on the rights of a child.
William Healing
IAFL European Chapter Vice President
