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Basic Prenup Agreement Template for Belgium

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Key Requirements PROMPT example:

Basic Prenup Agreement

"I need a Basic Prenup Agreement under Belgian law for my upcoming marriage in March 2025, with specific provisions to protect my tech startup and intellectual property rights while maintaining a fair arrangement for shared household assets."

Document background
The Basic Prenup Agreement under Belgian law serves as a fundamental legal instrument for couples planning to marry in Belgium or subject to Belgian jurisdiction. This document becomes particularly relevant when future spouses wish to deviate from the default matrimonial property regime in Belgium, especially following the significant reforms implemented in 2018. A Basic Prenup Agreement typically includes provisions for property classification, management rights, and dissolution arrangements, all while ensuring compliance with Belgian notarial requirements and mandatory legal provisions. The agreement must be executed before a Belgian notary public and can be modified only through specific legal procedures. It's essential for couples with existing assets, expected inheritances, or those seeking clarity in their financial arrangements during marriage.
Suggested Sections

1. Parties: Identification and details of both parties entering into the prenuptial agreement

2. Background: Context of the agreement, including the intended marriage date and purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including property classifications and specific Belgian legal terms

4. Property Regime Selection: Declaration of the chosen property regime under Belgian law (e.g., separation of property or modified community property)

5. Separate Property: Definition and listing of assets that will remain separate property of each spouse

6. Common Property: Definition and treatment of assets that will be considered common property during marriage

7. Income and Earnings: Treatment of income and earnings during marriage, including professional income and investment returns

8. Debts and Liabilities: Handling of existing and future debts, including personal and joint liabilities

9. Property Management: Rights and obligations regarding the management of separate and common property

10. Dissolution Provisions: Property division rules in case of divorce or death

11. Notarial Requirements: Acknowledgment of Belgian notarial requirements and declarations

12. Governing Law: Specification of Belgian law as governing law and relevant jurisdictional provisions

13. Execution: Formal execution requirements and signature blocks

Optional Sections

1. Business Interests: Provisions regarding existing or future business ownership and management - include when either party owns or plans to own a business

2. Inheritance Expectations: Treatment of expected inheritances or family gifts - include when significant inheritances are anticipated

3. International Assets: Special provisions for international property and assets - include for couples with assets in multiple countries

4. Intellectual Property: Provisions regarding intellectual property rights - include for parties with significant IP assets

5. Family Home Provisions: Special arrangements regarding the family home - include when there are specific agreements about primary residence

6. Pension Rights: Treatment of pension and retirement benefits - include when significant pension rights exist

7. Support Obligations: Any agreed spousal support provisions - include when parties want to predetermine support obligations

Suggested Schedules

1. Schedule A - Party 1 Assets: Detailed inventory of Party 1's assets at time of agreement

2. Schedule B - Party 2 Assets: Detailed inventory of Party 2's assets at time of agreement

3. Schedule C - Party 1 Liabilities: List of Party 1's existing debts and financial obligations

4. Schedule D - Party 2 Liabilities: List of Party 2's existing debts and financial obligations

5. Schedule E - Common Property: List of property agreed to be treated as common property

6. Schedule F - Business Assets: Detailed description of any business interests and their treatment

7. Appendix 1 - Certificates: Required certificates including proof of legal advice if applicable

8. Appendix 2 - Valuations: Professional valuations of significant assets if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Legal Services

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Private Wealth Manager

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