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Mutual Separation Agreement Marriage Template for Belgium

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Key Requirements PROMPT example:

Mutual Separation Agreement Marriage

"I need a Belgian Mutual Separation Agreement Marriage for a couple with joint business interests and international assets in France and the Netherlands, with specific emphasis on business continuity and cross-border property division, planned to be executed by March 2025."

Document background
The Mutual Separation Agreement Marriage is a crucial document in Belgian family law, used when married couples decide to separate by mutual consent. This agreement is typically prepared before initiating formal divorce proceedings and serves as a comprehensive framework for the separation terms. It becomes particularly relevant under Belgian law's "divorce par consentement mutuel" (divorce by mutual consent) procedure, introduced by the 2007 reforms. The document should address all aspects of the separation, including property division, financial arrangements, spousal support, and child-related matters if applicable. It must comply with Belgian Civil Code requirements and can be used in court proceedings, property transfers, and financial institutions. The agreement is designed to facilitate an amicable separation while ensuring legal protection for both parties and providing a clear roadmap for the dissolution of marriage.
Suggested Sections

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

2. Background: Brief history of the marriage, including date and place of marriage, and the mutual decision to separate

3. Definitions: Key terms used throughout the agreement

4. Effective Date and Timing: When the separation takes effect and timeline for divorce proceedings

5. Mutual Agreement to Separate: Declaration of mutual consent to separate and pursue divorce

6. Division of Matrimonial Property: General principles for division of common property and confirmation of separate property

7. Financial Settlement: Overview of financial arrangements, including any lump sum payments or transfers

8. Maintenance and Support: Arrangements for any ongoing financial support between parties

9. Family Home: Arrangements regarding the matrimonial home, including sale or transfer of ownership

10. Joint Accounts and Debts: Treatment of shared financial accounts and allocation of joint debts

11. Tax Matters: Agreement on tax arrangements and responsibilities

12. Future Conduct: Agreement on mutual respect and cooperation during and after separation

13. Legal Proceedings: Agreement regarding the divorce procedure and mutual cooperation

14. Confidentiality: Provisions regarding privacy and disclosure of agreement terms

15. Governing Law: Confirmation that the agreement is governed by Belgian law

16. General Provisions: Standard legal clauses including entire agreement, amendments, and severability

Optional Sections

1. Children and Parenting: Required if the couple has children - covers custody, access, education, and child maintenance

2. Pets: Required if there are pets to address - covers ownership and care arrangements

3. Business Interests: Required if spouses have shared business interests - covers division or ongoing management

4. Pension Rights: Required if pension rights need to be divided or addressed

5. International Assets: Required if couple has assets in multiple countries

6. Religious Divorce: Required if couples need to address religious aspects of divorce

7. Social Media and Privacy: Optional section addressing social media behavior and public announcements

8. Future Dispute Resolution: Optional section specifying mediation or other dispute resolution processes

9. Insurance Policies: Required if there are joint insurance policies to address

10. Inheritance Rights: Optional section addressing mutual waiver of inheritance rights

Suggested Schedules

1. Schedule 1 - Asset Inventory: Detailed list of all assets owned jointly or separately

2. Schedule 2 - Debt Schedule: Comprehensive list of all joint and separate debts

3. Schedule 3 - Property Valuation: Professional valuations of significant assets including real estate

4. Schedule 4 - Payment Schedule: Details of any periodic payments or financial transfers

5. Schedule 5 - Child Arrangements: Detailed parenting plan and schedule (if applicable)

6. Schedule 6 - Business Assets: Detailed inventory and arrangements for business assets (if applicable)

7. Appendix A - Marriage Certificate: Copy of the original marriage certificate

8. Appendix B - Property Documents: Copies of property deeds and relevant documentation

9. Appendix C - Financial Statements: Recent financial statements and tax returns

10. Appendix D - Legal Declarations: Any required legal declarations or certificates

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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