Pre Marriage Financial Agreement Template for Belgium

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Key Requirements PROMPT example:

Pre Marriage Financial Agreement

"I need a Pre Marriage Financial Agreement that protects my family business interests and clearly separates my company assets from future community property, as I'm getting married in March 2025 and want to ensure my business holdings remain separate from matrimonial assets."

Document background
The Pre-Marriage Financial Agreement is a crucial legal document in Belgian family law, used by couples planning to marry who wish to establish clear financial arrangements that differ from the default community property regime. It becomes particularly important for individuals with significant assets, family businesses, expected inheritances, or international property holdings. The agreement must be executed before a notary public and comply with Belgian Civil Code requirements, including the reforms introduced by the Law of 22 July 2018. It typically includes comprehensive asset inventories, detailed financial arrangements, and specific provisions for property division. The document serves both as a protective measure and a clarity tool, helping prevent future disputes by establishing clear guidelines for financial matters during marriage and in case of dissolution. Its preparation requires careful consideration of both parties' interests and often involves input from legal counsel, financial advisors, and other professional consultants.
Suggested Sections

1. Parties: Identification and details of both parties entering into the agreement

2. Background: Context of the agreement, including the planned marriage date and acknowledgment of independent legal advice

3. Definitions: Key terms used throughout the agreement, including specific Belgian legal terminology

4. Purpose and Intentions: Clear statement of the parties' intentions in entering the agreement and its scope

5. Applicable Law: Confirmation of Belgian law as governing law and relevant jurisdictional provisions

6. Property Regime Selection: Specification of the chosen property regime (e.g., separation of property or modified community property)

7. Pre-Marital Assets: Detailed provisions regarding assets owned prior to marriage and their treatment

8. Future Assets: Provisions for the treatment of assets acquired during marriage

9. Debts and Liabilities: Treatment of existing and future debts and financial obligations

10. Income and Earnings: Provisions regarding treatment of income earned during marriage

11. Maintenance Obligations: Provisions regarding spousal support/maintenance in case of separation

12. Dissolution Provisions: Procedures and principles for property division in case of divorce or death

13. Execution Requirements: Formal requirements for the agreement including notarization provisions

Optional Sections

1. International Assets: Required when either party owns assets outside Belgium, addressing cross-border property issues

2. Business Interests: Required when either party owns or may inherit business interests

3. Inheritance Provisions: Optional section addressing expected inheritances or family wealth

4. Real Estate Management: Required when parties own or plan to acquire significant real estate holdings

5. Intellectual Property Rights: Required for parties with significant intellectual property assets

6. Family Gifts and Heirlooms: Optional section for protecting family heritage items and gifts

7. Future Children Provisions: Optional section addressing financial arrangements regarding future children

8. Pension and Retirement Benefits: Required when parties have significant pension or retirement assets

Suggested Schedules

1. Schedule A - Asset Inventory (Party 1): Detailed list of Party 1's assets, their values, and supporting documentation

2. Schedule B - Asset Inventory (Party 2): Detailed list of Party 2's assets, their values, and supporting documentation

3. Schedule C - Debt Schedule: Comprehensive list of existing debts and liabilities of both parties

4. Schedule D - Business Valuations: Independent valuations of any business interests (if applicable)

5. Schedule E - Real Estate Valuations: Property valuations and details of real estate holdings

6. Appendix 1 - Certificates of Independent Legal Advice: Signed certificates from each party's legal counsel

7. Appendix 2 - Financial Disclosure Statements: Sworn financial statements from both parties

8. Appendix 3 - Supporting Documentation: Copies of relevant titles, account statements, and other supporting documents

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

Relevant legal definitions
Clauses
Relevant Industries

Legal Services

Notarial Services

Financial Services

Real Estate

Family Business

Wealth Management

Private Banking

Professional Services

Insurance

Trust and Estate Planning

Relevant Teams

Legal

Wealth Management

Private Banking

Family Office

Estate Planning

Risk Management

Corporate Advisory

Notarial

Financial Planning

Business Valuation

Relevant Roles

Family Law Attorney

Notary Public

Wealth Manager

Financial Advisor

Estate Planner

Private Banker

Family Business Consultant

Tax Advisor

Legal Counsel

Property Lawyer

Business Valuator

Risk Management Consultant

Family Office Manager

Trust Officer

Corporate Lawyer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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