Cohabitation Separation Agreement Template for Belgium

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Key Requirements PROMPT example:

Cohabitation Separation Agreement

"I need a Cohabitation Separation Agreement under Belgian law for a simple separation where we have already agreed on the division of our apartment in Brussels and joint bank accounts, with the separation to take effect from March 1, 2025."

Document background
The Cohabitation Separation Agreement is a crucial document used in Belgium when legally registered cohabitants decide to end their living arrangement. This document becomes necessary when partners who have previously registered their legal cohabitation with their local municipality wish to formally separate. It must comply with Belgian civil law requirements and typically includes comprehensive provisions for the division of joint property, financial arrangements, and the termination of mutual obligations. The agreement is particularly important as legal cohabitation in Belgium creates specific rights and obligations that must be properly addressed during separation. The document serves as both a practical and legal tool, helping to prevent future disputes by clearly documenting all separation terms while ensuring compliance with Belgian legal requirements for terminating legal cohabitation.
Suggested Sections

1. Parties: Identification and details of the cohabiting partners entering into the separation agreement

2. Background: Brief history of the cohabitation, including date of registration and reason for separation

3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty

4. Termination of Legal Cohabitation: Formal declaration of intent to terminate the legal cohabitation and process for registration

5. Division of Property: Arrangements for division of jointly owned property and assets

6. Financial Settlement: Agreement on financial matters including division of savings, debts, and ongoing financial obligations

7. Residential Arrangements: Provisions regarding the family home and living arrangements post-separation

8. Personal Property: Division of personal belongings and household items

9. Joint Accounts and Utilities: Arrangements for closing or transferring joint accounts and utility contracts

10. Tax Matters: Agreement on handling tax obligations and arrangements for the current and following tax year

11. Confidentiality: Provisions regarding privacy and confidentiality of the agreement and separation details

12. Governing Law: Confirmation that the agreement is governed by Belgian law and specification of jurisdiction

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

Optional Sections

1. Children Arrangements: Used when the couple has children together, covering custody, visitation, and child support arrangements

2. Pets: Required when the couple has jointly owned pets, detailing custody and care arrangements

3. Business Interests: Included when the parties have shared business interests or joint commercial ventures

4. Pension and Insurance: Needed when there are joint insurance policies or pension arrangements to be divided

5. Maintenance Payments: Required when one party agrees to provide financial support to the other post-separation

6. Future Dispute Resolution: Optional section specifying mediation or alternative dispute resolution procedures

7. International Assets: Required when the couple has assets in multiple countries

8. Intellectual Property: Needed when there are joint intellectual property rights to be divided

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all joint assets and their agreed division

2. Schedule B - Property Valuation: Professional valuations of significant assets, particularly real estate

3. Schedule C - Outstanding Debts: List of all joint debts and liabilities with agreement on responsibility

4. Schedule D - Financial Disclosure: Complete financial disclosure from both parties

5. Schedule E - Personal Property Division: Detailed inventory of personal items and their allocation

6. Appendix 1 - Legal Cohabitation Certificate: Copy of original legal cohabitation registration

7. Appendix 2 - Property Documents: Copies of property deeds, mortgages, and related documents

8. Appendix 3 - Bank Statements: Recent statements for all joint accounts to be divided

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Lawyer

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