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A Divorce Agreement is a legally binding contract that spells out how separating spouses will handle their shared life after marriage ends. Under Belgian family law, this document covers key decisions about property division, financial responsibilities, and arrangements for children if any are involved.

The agreement must meet specific requirements of the Belgian Civil Code and typically includes details about alimony payments, pension rights, and who keeps the family home. Once approved by a Belgian court during divorce proceedings, it becomes an official part of the divorce judgment and helps prevent future disputes by clearly stating each person's rights and obligations.

A Divorce Agreement becomes essential as soon as you and your spouse decide to end your marriage in Belgium. Getting this agreement in place early helps both parties avoid costly court battles and ensures a smoother separation process, especially when dealing with shared assets or children.

The ideal time to draft this agreement is during the mandatory reflection period required by Belgian law, before finalizing the divorce. This gives you time to negotiate fair terms, consult with legal advisors, and properly document important decisions about property division, maintenance payments, and parental responsibilities while emotions are still manageable.

• Amicable Divorce Agreement: Used when both parties agree on all terms, simplifying the court process and reducing costs
• Consent Order Divorce: A court-approved version that makes the agreement legally enforceable
• Marital Property Agreement: Focuses specifically on division of assets and property
• Marriage Separation Agreement: Used during trial separation before final divorce
• Mutual Separation Agreement Marriage: Covers comprehensive terms for couples separating by mutual consent

• Divorcing Spouses: The primary parties who negotiate and agree to the terms outlined in the Divorce Agreement
• Family Law Attorneys: Draft and review agreements to ensure legal compliance and protect their clients' interests
• Mediators: Help facilitate discussions and reach mutual agreements on contentious issues
• Belgian Courts: Review and validate the agreement during divorce proceedings
• Notaries: Authenticate documents and handle property transfers specified in the agreement
• Financial Advisors: Assist with valuation of assets and tax implications of property division

• Personal Information: Gather full names, addresses, and marriage details of both spouses
• Asset Inventory: List all shared property, bank accounts, investments, and debts with current values
• Children's Details: Document ages, school information, and special needs for custody arrangements
• Income Documents: Collect recent pay slips, tax returns, and proof of other income sources
• Living Arrangements: Determine who keeps the family home or how housing will be handled
• Support Calculations: Work out child support and alimony amounts using Belgian guidelines
• Future Planning: Consider insurance policies, pension rights, and inheritance matters

• Identification Section: Full names, addresses, and marriage details of both parties
• Property Division: Clear listing of how all assets and debts will be allocated
• Financial Arrangements: Specified maintenance payments, pension rights, and tax obligations
• Child Care Provisions: Detailed custody schedule, education plans, and support calculations
• Living Arrangements: Terms for the family home and future housing solutions
• Insurance Obligations: Health, life, and property insurance responsibilities
• Dispute Resolution: Agreed method for handling future disagreements
• Signatures and Date: Space for both parties and witnesses to sign with date fields

A Divorce Agreement differs significantly from a Cohabitation Agreement in Belgian law, though both deal with relationship arrangements. While a Divorce Agreement ends a marriage and divides assets, a Cohabitation Agreement sets rules for unmarried couples living together.

• Timing and Purpose: Divorce Agreements are created when ending a marriage, while Cohabitation Agreements are made at the start of living together
• Legal Status: Divorce Agreements require court approval and become part of official divorce proceedings; Cohabitation Agreements are private contracts that take effect immediately upon signing
• Asset Division: Divorce Agreements permanently split all marital property; Cohabitation Agreements mainly protect individual assets and outline shared expenses
• Scope: Divorce Agreements handle custody, alimony, and pension rights; Cohabitation Agreements focus on living arrangements and financial responsibilities during the relationship