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Post Prenup Agreement

Post Prenup Agreement Template for Belgium

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Key Requirements PROMPT example:

Post Prenup Agreement

"I need a Post Prenup Agreement under Belgian law for a couple where one spouse is starting a new business venture in March 2025, and we need to ensure clear separation of business assets from matrimonial property while protecting the family home."

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Document background
A Post Prenup Agreement in Belgium serves as a crucial legal instrument for married couples seeking to modify their matrimonial property regime after marriage. This document becomes relevant when spouses wish to alter their financial arrangements, adapt to changed circumstances, or reorganize their asset structure. The agreement must strictly comply with Belgian Civil Code requirements, including mandatory notarization and registration. It typically covers comprehensive asset inventories, property division rules, financial obligations, and management rights. Belgian law requires specific protective provisions, particularly regarding the family home and spousal rights. The document must consider both national and EU regulations when international elements are involved, and it forms a binding modification to the couple's existing matrimonial regime once properly executed and registered.
Suggested Sections

1. Parties: Formal identification of both spouses, including full legal names, addresses, and dates of birth

2. Background: Details of the existing marriage, including date and place of marriage, current matrimonial regime, and reason for the post-nuptial modification

3. Definitions: Clear definitions of key terms used throughout the agreement, including property categories and financial concepts

4. Current Matrimonial Regime: Description of the existing matrimonial property regime and its key characteristics

5. Modification of Property Regime: Detailed explanation of the new property arrangements being established

6. Division of Assets and Liabilities: Comprehensive framework for how existing and future assets and debts will be categorized and divided

7. Management of Property: Rules regarding the administration and disposition of both common and separate property

8. Financial Obligations: Ongoing financial responsibilities and contributions of each spouse

9. Protection of Family Home: Specific provisions regarding the family residence as required by Belgian law

10. Legal Compliance: Statements ensuring compliance with Belgian Civil Code requirements

11. Execution Requirements: Details of notarial requirements and registration procedures

12. Amendment and Termination: Conditions under which the agreement can be modified or terminated

13. Governing Law: Confirmation of Belgian law as governing law and jurisdiction

Optional Sections

1. International Assets: Special provisions for assets located outside Belgium, including application of EU regulations

2. Business Interests: Specific arrangements regarding ownership and management of business assets

3. Inheritance Provisions: Optional arrangements regarding inheritance rights and estate planning

4. Pension and Retirement Benefits: Specific provisions for handling pension rights and retirement benefits

5. Future Acquisitions: Special rules for handling significant future acquisitions or inheritances

6. Tax Provisions: Specific arrangements regarding tax obligations and planning

7. Dispute Resolution: Alternative dispute resolution mechanisms beyond standard court proceedings

8. Language Provisions: Required for agreements where spouses speak different languages or live in different linguistic regions of Belgium

Suggested Schedules

1. Schedule A - Inventory of Current Assets: Detailed listing and valuation of all current assets owned by either or both spouses

2. Schedule B - Inventory of Current Liabilities: Comprehensive list of all current debts and financial obligations

3. Schedule C - Real Estate Holdings: Detailed description and documentation of all real estate properties

4. Schedule D - Business Assets: Detailed inventory of business interests and their agreed valuations

5. Schedule E - Bank Accounts and Investments: List of all financial accounts and investment holdings

6. Schedule F - Personal Property: Inventory of significant personal property items and their agreed values

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

8. Appendix 2 - Legal Certificates: Relevant legal certificates and official documents

9. Appendix 3 - Previous Marriage Contract: Copy of the original marriage contract or previous post-nuptial agreements

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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