The Consent Order Divorce document is utilized in Belgium when both spouses mutually agree to divorce and have reached agreement on all related matters. This document type was significantly impacted by the 2007 Belgian divorce law reforms, which simplified the mutual consent divorce process. It serves as the definitive legal instrument that not only dissolves the marriage but also documents all agreed terms regarding property division, financial arrangements, child custody (if applicable), and ongoing obligations. The document must be prepared in accordance with Belgian Civil Code requirements and submitted to the appropriate court for validation. It's particularly important as it transforms private agreements between parties into legally enforceable court orders, providing security and clarity for both parties post-divorce. The Consent Order Divorce is typically drafted with legal assistance and may require input from financial advisors or other professionals depending on the complexity of the arrangements involved.
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1. Identification of Parties: Full legal names, addresses, and national numbers of both spouses
2. Court Details: Identification of the court, case number, and presiding judge
3. Background: Marriage date, location, separation date, and confirmation that both parties consent to divorce
4. Definitions: Definitions of key terms used throughout the order
5. Declaration of Divorce: Formal dissolution of marriage under Belgian law
6. Financial Settlement: Agreed division of financial assets, debts, and ongoing financial obligations
7. Property Division: Division of real estate, personal property, and other assets
8. Pension Arrangements: Agreement on division or retention of pension rights
9. Tax Provisions: Agreements regarding tax obligations and arrangements
10. Final Provisions: Execution requirements, jurisdiction, and governing law
11. Signatures: Space for parties, their lawyers, and judge to sign
1. Child Arrangements: Used when the couple has children - includes custody, visitation, and maintenance arrangements
2. Spousal Maintenance: Include when ongoing maintenance payments are agreed between parties
3. Business Interests: Required when dividing business assets or addressing shared business interests
4. International Elements: Include when there are cross-border aspects requiring special provisions
5. Pets and Animals: Used when arrangements for pets need to be formalized
6. Future Sale of Property: Include when there are agreements about future sale of shared properties
7. Inheritance Rights: Used when specific arrangements regarding inheritance rights are needed
8. Insurance Policies: Include when dealing with life, health, or other insurance policies
1. Schedule 1: Asset Inventory: Detailed list of all assets owned by the parties
2. Schedule 2: Property Valuations: Professional valuations of significant assets
3. Schedule 3: Child Arrangements Detail: Detailed parenting plan including holiday arrangements and special occasions
4. Schedule 4: Maintenance Calculations: Detailed calculations for child and/or spousal maintenance
5. Schedule 5: Pension Values: Details of pension valuations and division arrangements
6. Appendix A: Financial Disclosure: Sworn financial statements from both parties
7. Appendix B: Property Documents: Copies of property deeds and related documents
8. Appendix C: Court Forms: Required Belgian court forms and certificates
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