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Property Prenuptial Agreement

Property Prenuptial Agreement Template for Belgium

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Key Requirements PROMPT example:

Property Prenuptial Agreement

"I need a Property Prenuptial Agreement under Belgian law for a marriage planned for March 2025, where both parties own separate businesses and want to maintain complete separation of business assets while sharing the future matrimonial home."

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Document background
The Property Prenuptial Agreement is a crucial legal instrument in Belgian family law, required when future spouses wish to establish a property regime different from the default community property system. This document must be executed before marriage and requires notarial authentication under Belgian law. It becomes particularly important for couples with significant separate assets, business interests, or international property holdings. The agreement typically includes comprehensive inventories of existing assets, provisions for future acquisitions, and rules for property management and division. Belgian Property Prenuptial Agreements must comply with the reformed matrimonial property law that came into effect in 2018, ensuring both parties' rights are protected while respecting mandatory legal provisions regarding spousal rights and inheritance.
Suggested Sections

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

2. Background: Context of the agreement, including the planned marriage date and general intent of the parties regarding their property regime

3. Definitions: Clear definitions of key terms used throughout the agreement, including types of property, income, and other relevant concepts

4. Choice of Property Regime: Express declaration of the chosen property regime, deviating from the default Belgian community property system

5. Separate Property: Detailed provisions regarding property that remains separate for each spouse, including pre-marriage assets and inherited property

6. Common Property: Specifications about any property that will be considered common property during the marriage

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

8. Income and Earnings: Treatment of income, professional earnings, and investment returns during the marriage

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

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

11. Formal Requirements: Statements ensuring compliance with Belgian legal requirements, including notarial execution

Optional Sections

1. Business Assets: Specific provisions for business ownership and professional practice assets, used when either party owns a business

2. International Assets: Special provisions for property located outside Belgium, needed when parties have foreign assets

3. Future Inheritances: Provisions regarding expected inheritances, used when significant inheritances are anticipated

4. Intellectual Property: Provisions regarding intellectual property rights, needed for parties with significant IP assets

5. Pension Rights: Special provisions regarding pension and retirement benefits, important for parties with substantial pension rights

6. Family Gifts: Provisions regarding gifts from family members, useful when significant family gifts are expected

7. Property Acquisition Rules: Specific rules for future property acquisitions, helpful for high-net-worth couples

8. Matrimonial Home: Special provisions regarding the matrimonial home, important when one party owns the home pre-marriage

Suggested Schedules

1. Schedule A - Inventory of Bride's Separate Property: Detailed listing of all assets owned by the bride prior to marriage

2. Schedule B - Inventory of Groom's Separate Property: Detailed listing of all assets owned by the groom prior to marriage

3. Schedule C - Shared Property Inventory: Listing of any property agreed to be shared from the start of marriage

4. Schedule D - Valuation Reports: Professional valuations of significant assets mentioned in the agreement

5. Schedule E - Business Assets Documentation: Detailed information about any business interests owned by either party

6. Appendix 1 - Property Certificates: Copies of property ownership certificates and registration documents

7. Appendix 2 - Financial Statements: Recent financial statements and bank documents of both parties

8. Appendix 3 - Expert Reports: Any relevant expert reports on specific assets or valuations

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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