Divorce Agreement Template for Belgium

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Key Requirements PROMPT example:

Divorce Agreement

"I need a Belgian Divorce Agreement for a mutual consent divorce with shared custody arrangements for two children, including division of our family home and pension rights, to be finalized by March 2025."

Document background
The Belgian Divorce Agreement serves as a fundamental legal instrument for couples seeking to formalize their separation under Belgian law. This document becomes necessary when married couples decide to legally end their marriage, whether through mutual consent or due to irretrievable breakdown. The agreement must comply with the Belgian Civil Code and the 2007 divorce law reforms, which significantly modernized divorce proceedings in Belgium. It typically includes detailed provisions for property division, financial settlements, maintenance obligations, and child arrangements if applicable. The Divorce Agreement needs to be properly executed and validated by the Belgian courts to be legally binding. It's particularly important to note that this document can have long-lasting implications for both parties' financial and personal lives, making professional legal guidance essential during its preparation and execution. The agreement should be drafted with careful consideration of both current circumstances and potential future changes, particularly regarding financial arrangements and child-related matters.
Suggested Sections

1. Parties: Identification and details of both spouses including full legal names, addresses, and national registration numbers

2. Background: Information about the marriage, including date and place of marriage, date of separation, and basis for divorce

3. Definitions: Definitions of key terms used throughout the agreement

4. Divorce Declaration: Formal statement of the parties' intention to divorce and the grounds for divorce under Belgian law

5. Property Division: Detailed arrangements for the division of matrimonial property, including the family home, vehicles, and personal possessions

6. Financial Settlement: Terms of financial settlement including division of bank accounts, investments, and pension arrangements

7. Maintenance and Support: Details of any maintenance payments between spouses, including amount, duration, and payment terms

8. Tax Arrangements: Agreement on handling tax matters, including filing status and division of tax liabilities/refunds

9. Future Conduct: Agreement on mutual respect, non-harassment, and cooperation in implementing the agreement

10. Governing Law: Confirmation that the agreement is governed by Belgian law and jurisdiction

11. Variation: Circumstances and process for modifying the agreement

12. Execution: Signing requirements and effective date of the agreement

Optional Sections

1. Child Arrangements: Required if the couple has children - covers custody, residence, access arrangements, and child maintenance

2. International Elements: Required if either party lives abroad or holds foreign assets - addresses international jurisdiction and enforcement

3. Business Interests: Required if the couple shares business interests - covers division or management of business assets

4. Pets: Required if the couple has pets - covers ownership and care arrangements

5. Inheritance Rights: Optional section waiving mutual inheritance rights post-divorce

6. Debt Division: Required if there are significant shared debts - covers responsibility for existing debts

7. Religious Divorce: Required for couples requiring religious divorce proceedings in addition to civil divorce

8. Social Media and Privacy: Optional section covering agreements about social media conduct and privacy post-divorce

Suggested Schedules

1. Schedule A - Asset Inventory: Comprehensive list of all matrimonial assets with agreed values

2. Schedule B - Property Details: Detailed information about real estate properties and their agreed disposition

3. Schedule C - Financial Accounts: List of all bank accounts, investments, and pension arrangements

4. Schedule D - Personal Items: Detailed list of personal items and their agreed division

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

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

7. Appendix 2 - Pension Valuations: Actuarial valuations of pension rights

8. Appendix 3 - Court Documents: Copies of relevant court orders or proceedings

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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