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Matrimonial Agreement

Matrimonial Agreement Template for Belgium

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Key Requirements PROMPT example:

Matrimonial Agreement

"I need a Matrimonial Agreement for a Belgian-Dutch couple planning to marry in March 2025, with one spouse owning a tech startup in Brussels and significant international assets, opting for a separation of property regime with specific provisions for business growth."

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Document background
The Matrimonial Agreement (contrat de mariage/huwelijkscontract) is a crucial legal document in Belgian family law that allows couples to establish or modify their matrimonial property regime. It must be executed before marriage or modified during marriage following specific legal procedures before a Belgian notary public. The agreement is particularly important as it determines the ownership, management, and division of assets and debts both during marriage and in case of dissolution through divorce or death. Belgian law offers several property regime options, from complete separation of property to full community of assets, with various possibilities for customization within legal limits. This document becomes especially critical when parties have significant assets, business interests, or international connections. The agreement must comply with Belgian Civil Code requirements, including mandatory provisions protecting the family home and spousal rights, while also considering EU regulations for international situations.
Suggested Sections

1. Parties: Identification and details of both spouses-to-be or spouses, including full legal names, addresses, and nationalities

2. Background: Context of the agreement, including date of intended marriage or marriage date if already married, and general intention to regulate their matrimonial property regime

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

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

5. Pre-existing Assets: Declaration and classification of assets owned by each spouse before marriage

6. Future Assets: Rules governing the classification and management of assets acquired during marriage

7. Debts and Liabilities: Provisions regarding responsibility for existing and future debts

8. Management of Assets: Rules for administration and disposition of joint and separate property

9. Family Home Protection: Specific provisions regarding the family home and household goods as required by Belgian law

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

11. Governing Law: Explicit statement of Belgian law application and jurisdiction

12. Final Provisions: Execution requirements, modification procedures, and notarial statements

Optional Sections

1. International Provisions: Required when one or both spouses have foreign nationality or assets abroad, addressing international private law issues

2. Business Assets: Needed when one or both spouses own business interests, detailing management and classification of business assets

3. Inheritance Arrangements: Optional provisions regarding inheritance rights within legal limits, particularly relevant for blended families

4. Gift and Inheritance Treatment: Special provisions for handling future gifts and inheritances if different from default regime rules

5. Professional Income: Specific arrangements for handling professional income, particularly relevant in separation of property regimes

6. Compensation Mechanisms: Provisions for compensating contributions between spouses, particularly relevant in separation of property regimes

7. Living Expenses: Detailed arrangements for sharing household expenses and family charges

8. Property Acquisition Provisions: Specific rules for future property acquisitions and their financing

Suggested Schedules

1. Schedule 1: Inventory of Pre-existing Assets: Detailed listing and valuation of each spouse's assets owned before marriage

2. Schedule 2: Inventory of Joint Property: Listing of any property already jointly owned by the parties

3. Schedule 3: Debt Schedule: Detailed listing of each spouse's pre-existing debts and liabilities

4. Schedule 4: Business Assets Details: Comprehensive information about any business interests and their agreed treatment

5. Schedule 5: Real Estate Details: Specific information about real estate owned by either party, including the family home

6. Appendix A: Asset Valuations: Professional valuations of significant assets as required by Belgian law

7. Appendix B: Financial Statements: Recent financial statements for any business interests

8. Appendix C: Property Certificates: Official property registry certificates for real estate

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

alex.den.21@genieai.co
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