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Post Nup Agreement Template for Belgium

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Key Requirements PROMPT example:

Post Nup Agreement

"I need a Post Nup Agreement for a Belgian couple where one spouse is starting a new technology business in March 2025, and we need to protect the existing family home and savings while establishing clear separation of the business assets and future business income."

Document background
A Post Nup Agreement under Belgian law is utilized when married couples wish to modify their existing matrimonial property regime after marriage. This document becomes necessary in various situations, such as when spouses acquire significant assets, start businesses, receive inheritances, or need to adapt their property arrangements due to changed circumstances. The agreement must comply with the 2018 reform of Belgian matrimonial property law and requires notarial authentication. It typically includes comprehensive inventories of assets, detailed arrangements for property management, and specific provisions for debt allocation. The document must be registered with Belgian authorities and may have significant tax implications. Given Belgium's civil law system, the Post Nup Agreement must follow strict formal requirements and include specific mandatory declarations to ensure its validity and enforceability.
Suggested Sections

1. Parties: Identification and details of both spouses, including full legal names, addresses, and date of marriage

2. Background: Context of the agreement, including date of marriage, current matrimonial regime, and reason for entering into the post-nuptial agreement

3. Definitions: Definition of key terms used throughout the agreement, including property classifications and relevant legal concepts under Belgian law

4. Current Matrimonial Regime: Declaration of the existing matrimonial property regime and any previous modifications

5. Proposed Modifications: Detailed description of the changes being made to the matrimonial regime

6. Property Classification: Clear designation of separate and common property, including rules for future acquisitions

7. Management of Assets: Rules regarding the management and disposal of both common and separate property

8. Debt Provisions: Allocation of responsibility for existing and future debts

9. Death Provisions: Arrangements in case of death of either spouse, including inheritance rights modifications if applicable

10. Registration and Notarization: Provisions regarding the formal registration and notarization requirements

11. Governing Law: Confirmation of Belgian law as governing law and relevant jurisdictional provisions

Optional Sections

1. Business Interests: Specific provisions for handling business assets and professional activities, used when either spouse owns a business

2. International Assets: Special provisions for international property and assets, included when spouses own property in multiple jurisdictions

3. Pension Rights: Specific arrangements regarding pension rights and retirement benefits, included when significant pension assets exist

4. Intellectual Property: Provisions for intellectual property rights, included when either spouse has significant IP assets

5. Future Inheritance: Provisions regarding expected inheritances, included when substantial inheritance is anticipated

6. Children's Provisions: Special arrangements regarding assets for children's benefit, included when there are children from current or previous marriages

7. Tax Planning: Specific tax-related provisions and arrangements, included when complex tax considerations exist

Suggested Schedules

1. Schedule A - Inventory of Common Property: Detailed list and valuation of all property considered common property under the agreement

2. Schedule B - Inventory of Husband's Separate Property: Comprehensive list and valuation of husband's separate property

3. Schedule C - Inventory of Wife's Separate Property: Comprehensive list and valuation of wife's separate property

4. Schedule D - Financial Obligations: List of all existing debts and financial obligations of both parties

5. Schedule E - Business Assets: Detailed description and valuation of any business interests owned by either spouse

6. Appendix 1 - Property Valuations: Professional valuations of significant assets mentioned in the agreement

7. Appendix 2 - Required Legal Declarations: Mandatory declarations required under Belgian law for matrimonial regime modifications

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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