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Divorce Waiver Template for Belgium

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Key Requirements PROMPT example:

Divorce Waiver

"I need a Divorce Waiver under Belgian law where my spouse will waive all rights to our family home in Brussels and our joint savings accounts, to be executed by March 2025."

Document background
The Divorce Waiver is a critical legal instrument in Belgian family law proceedings, typically used when spouses wish to establish clear boundaries regarding their rights and obligations during or after divorce. This document becomes particularly relevant when one spouse agrees to forfeit certain legal entitlements, such as property rights, maintenance claims, or pension benefits. The Divorce Waiver must be drafted in compliance with Belgian Civil Code requirements and may need to address both national and EU regulations when international elements are present. It's essential that the document clearly identifies the rights being waived, includes appropriate safeguards to ensure voluntary execution, and incorporates necessary legal attestations. The waiver should be prepared with careful consideration of both parties' interests and typically requires independent legal counsel to ensure its validity and enforceability under Belgian law.
Suggested Sections

1. Parties: Full legal names and addresses of both spouses

2. Background: Details of the marriage, including date and place of marriage, current separation status if applicable, and context for the waiver

3. Definitions: Clear definitions of key terms used in the document, including specific rights and claims being waived

4. Rights Being Waived: Detailed enumeration of all rights, claims, and benefits that are being waived

5. Consideration: Statement of any consideration or compensation being provided in exchange for the waiver

6. Voluntary Execution: Declaration that the waiver is being executed voluntarily and without duress or coercion

7. Independent Legal Advice: Confirmation that the waiving party has received or had the opportunity to receive independent legal advice

8. Acknowledgment of Understanding: Statement confirming the party understands the consequences of the waiver

9. Irrevocability: Statement regarding whether the waiver is irrevocable and under what conditions

10. Governing Law: Specification that Belgian law governs the waiver and its interpretation

11. Execution: Signature blocks for both parties and witnesses

Optional Sections

1. Partial Waiver Provisions: Used when only specific rights are being waived while others are retained

2. Language Declaration: Required if either party's primary language is not the language of the document

3. Property Schedule Reference: Include when the waiver relates to specific property items listed in a schedule

4. Survival Clause: Used when the waiver needs to survive any future agreements or divorce decree

5. Revocation Period: Include if there is a cooling-off period during which the waiver can be revoked

6. International Assets: Required when there are assets in multiple jurisdictions

7. Translation Certificate: Required when the document has been translated from another language

Suggested Schedules

1. Schedule A - Property List: Detailed list of property and assets covered by the waiver

2. Schedule B - Rights Detail: Comprehensive explanation of each right being waived

3. Schedule C - Financial Disclosure: Summary of financial positions of both parties at time of waiver

4. Appendix 1 - Legal Advice Certificate: Certificate from legal advisors confirming independent legal advice was given

5. Appendix 2 - Translator's Certificate: If applicable, certification of accurate translation

6. Appendix 3 - Asset Valuation: Professional valuations of relevant 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

Relevant legal definitions






























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Legal Services

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Family Law

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Relevant Roles

Family Law Attorney

Legal Counsel

Notary

Court Clerk

Divorce Mediator

Legal Document Specialist

Paralegal

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Financial Advisor

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International Law Specialist

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Industries








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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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