The Divorce Property Settlement Agreement (Echtscheidingsconvenant) is a crucial document in Dutch divorce proceedings, used when married couples decide to formally separate and divide their assets. This agreement is essential under Dutch law, particularly following the 2018 modifications to the matrimonial property regime. It comprehensively addresses the division of community property, individual assets, pensions, and financial obligations. The document must comply with the Dutch Civil Code and related legislation, making it suitable for couples divorcing in the Netherlands or under Dutch jurisdiction. It serves as a binding agreement that can be presented to the court during divorce proceedings and provides a clear framework for implementing the agreed property division.
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1. Parties: Identification and details of both spouses, including full legal names, addresses, and marriage details
2. Background: Brief history of the marriage, date of separation, and statement of intention to divorce
3. Definitions: Definitions of key terms used throughout the agreement
4. Division of Community Property: Detailed arrangements for division of assets and liabilities acquired during marriage
5. Real Estate: Arrangements regarding the matrimonial home and any other real estate properties
6. Financial Accounts: Division of bank accounts, savings, investments, and other financial assets
7. Pension Rights: Agreement on division of pension rights as per Dutch Pension Rights Equalization Act
8. Personal Property: Division of household items, vehicles, and personal belongings
9. Debts and Liabilities: Allocation of joint debts and financial obligations
10. Tax Matters: Agreements regarding tax obligations and arrangements
11. Implementation: Practical arrangements for implementing the property division
12. Costs: Agreement on how costs related to the divorce and property division will be shared
13. Governing Law: Confirmation that the agreement is governed by Dutch law
14. Signatures: Execution section including date and signatures of both parties
1. Business Interests: Division of business assets and arrangements for business ownership - included when one or both parties own business interests
2. Intellectual Property: Division of intellectual property rights - included when relevant intellectual property exists
3. International Assets: Specific arrangements for assets located outside the Netherlands - included for international couples or those with foreign assets
4. Future Income Sharing: Arrangements for sharing future income from specific assets - included when relevant
5. Inheritance Rights: Waiver or specific arrangements regarding inheritance rights - included when inheritance matters need addressing
6. Cryptocurrency and Digital Assets: Division of digital assets and cryptocurrencies - included when such assets exist
7. Pets: Arrangements regarding pet ownership and care - included when couples have pets
1. Schedule A - Asset Inventory: Complete listing of all community property assets with agreed valuations
2. Schedule B - Property Allocation: Detailed breakdown of which party receives which specific assets
3. Schedule C - Real Estate Details: Details of all real estate properties including valuations and transfer arrangements
4. Schedule D - Financial Accounts: List of all financial accounts with account numbers and agreed division
5. Schedule E - Pension Information: Details of pension arrangements and division calculations
6. Schedule F - Debt Schedule: Complete listing of all debts and liabilities with allocation details
7. Appendix 1 - Property Valuations: Professional valuations of significant assets
8. Appendix 2 - Legal Opinions: Any relevant legal opinions regarding complex property matters
9. Appendix 3 - Tax Calculations: Tax implications and calculations related to the property division
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