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Marital Property Agreement Template for Belgium

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Key Requirements PROMPT example:

Marital Property Agreement

"I need a Marital Property Agreement under Belgian law for a couple getting married in March 2025, where one spouse owns an international business with offices in Belgium and France, and they want to keep all business assets as separate property while maintaining a modified community property regime for other assets."

Document background
The Marital Property Agreement is a crucial document in Belgian family law, used either before marriage (prenuptial) or during marriage (postnuptial) to establish clear property arrangements between spouses. It became even more significant following the 2018 reforms to Belgian matrimonial property law, which modernized the rules about property division and spousal rights. The agreement allows couples to deviate from the default legal regime of community property by choosing a different regime that better suits their circumstances. It must be executed before a notary and can cover various aspects including personal and communal property, business interests, inheritance rights, and international assets. The document is particularly important for high-net-worth individuals, business owners, or couples with international connections, as it provides legal certainty and can help prevent future disputes.
Suggested Sections

1. Parties: Identification and details of both spouses or future spouses, including full legal names, addresses, and dates of birth

2. Background: Context of the agreement, including whether it's pre-nuptial or post-nuptial, date of marriage or planned marriage, and general intent of the parties

3. Definitions: Definitions of key terms used throughout the agreement, including property categories and specific Belgian legal terms

4. Choice of Matrimonial Regime: Clear statement of the chosen property regime (e.g., separation of property, modified community property)

5. Categorization of Property: Detailed provisions on how different types of property will be categorized (personal vs. communal)

6. Management of Property: Rules regarding the management and administration of both personal and communal property

7. Rights and Obligations: General rights and obligations of the spouses regarding property management and financial matters

8. Dissolution Provisions: Rules for property division in case of divorce or death

9. Notarial Requirements: Formal statements required under Belgian law for notarial authentication

10. Execution: Signature block and notarial attestation section

Optional Sections

1. International Assets: Section dealing with property located outside Belgium and choice of law provisions for international aspects

2. Business Interests: Specific provisions regarding ownership and management of business interests owned by either spouse

3. Inheritance Provisions: Additional provisions regarding inheritance rights and estate planning

4. Debt Management: Specific provisions about handling existing and future debts

5. Pension Rights: Provisions regarding pension rights and retirement benefits

6. Gift and Inheritance Treatment: Special provisions for treatment of gifts and inheritances received during marriage

7. Real Estate Management: Specific provisions for managing real estate properties

8. Financial Accounts Management: Detailed provisions about management of joint and separate financial accounts

Suggested Schedules

1. Schedule A - Personal Property Inventory: Detailed inventory of personal property owned by each spouse at the time of agreement

2. Schedule B - Communal Property Inventory: List of all property considered communal at the time of agreement

3. Schedule C - Real Estate Details: Detailed information about any real estate owned by either party

4. Schedule D - Business Assets: Detailed listing of business interests and their agreed treatment

5. Schedule E - Financial Accounts: List of all financial accounts and their categorization

6. Schedule F - Debts and Liabilities: Comprehensive list of existing debts and liabilities

7. Appendix 1 - Property Valuations: Professional valuations of significant assets

8. Appendix 2 - Required Legal Declarations: Standard legal declarations required under Belgian law

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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