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Marital Settlement Agreement Template for Belgium

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Key Requirements PROMPT example:

Marital Settlement Agreement

"I need a Marital Settlement Agreement under Belgian law for a couple with two minor children, joint ownership of a family business, and international properties in France and Spain, with the separation planned for March 2025."

Document background
The Marital Settlement Agreement is a crucial legal document used in Belgian divorce proceedings to formalize the terms of separation between spouses. It is drafted in accordance with the Belgian Civil Code and must comply with Belgian family law requirements. This agreement is typically prepared when couples have decided to divorce and need to formally document their arrangements regarding property division, financial obligations, and family matters. The document serves multiple purposes: it provides a clear framework for the dissolution of marriage, protects both parties' legal rights, ensures compliance with Belgian law, and can expedite the divorce process when properly executed. A Marital Settlement Agreement becomes particularly important in cases involving significant assets, complex financial arrangements, or children, as it provides a comprehensive and legally binding solution to potential disputes. The agreement must be reviewed by a notary and may require court approval as part of the divorce proceedings.
Suggested Sections

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

2. Background: Information about the marriage, separation date, and intent to divorce

3. Definitions: Definitions of key terms used throughout the agreement

4. Separation Declaration: Formal declaration of the parties' intention to live separately and divide their assets

5. Division of Property: Comprehensive arrangement for division of real estate, personal property, and other assets

6. Financial Arrangements: Details of financial settlements, including any lump sum payments or periodic payments

7. Debts and Liabilities: Attribution and handling of joint and individual debts

8. Mutual Release of Claims: Waiver of future claims against each other's estate or property

9. Tax Provisions: Arrangements regarding tax obligations and future tax returns

10. Implementation: Practical steps and timeline for implementing the agreement

11. Governing Law: Confirmation that Belgian law governs the agreement

12. Final Provisions: Miscellaneous legal provisions including amendment procedures and severability

Optional Sections

1. Child Custody and Support: Arrangements for child custody, visitation, and financial support - included when the couple has minor children

2. Spousal Support: Terms of any ongoing financial support between spouses - included when alimony is agreed upon

3. Pension and Retirement Benefits: Division of pension rights and retirement accounts - included when such assets exist

4. Business Interests: Arrangements regarding jointly owned businesses or business assets - included when applicable

5. International Assets: Provisions for assets located outside Belgium - included for international couples or those with foreign assets

6. Future Dispute Resolution: Procedures for resolving future disputes - included when parties want to specify mediation or arbitration procedures

7. Insurance Arrangements: Provisions regarding life, health, or other insurance policies - included when relevant

8. Inheritance Rights: Waiver or specification of inheritance rights - included when parties want to address inheritance matters

Suggested Schedules

1. Schedule A - Real Estate: Detailed listing and description of all real estate properties and their agreed disposition

2. Schedule B - Personal Property: Inventory of personal property and items with agreed division

3. Schedule C - Financial Assets: List of bank accounts, investments, and other financial assets with division details

4. Schedule D - Debts: Comprehensive list of all debts and liabilities with assignment of responsibility

5. Schedule E - Child Custody Schedule: Detailed visitation and custody schedule if applicable

6. Schedule F - Insurance Policies: List of insurance policies and their disposition

7. Appendix 1 - Financial Disclosure: Sworn financial statements from both parties

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

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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