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A Separation Agreement outlines the terms when married or legally cohabiting partners in Belgium decide to live apart without getting divorced. This legal document spells out important arrangements like property division, child custody, and financial responsibilities during the separation period.

Under Belgian civil law, this agreement helps couples maintain clear boundaries while they work through their situation. It acts as a binding contract that protects both parties' rights and can later serve as groundwork for divorce proceedings. Many Belgian couples use these agreements to test living apart before making permanent decisions about their relationship.

Consider creating a Separation Agreement when you and your partner need to live apart but aren't ready for divorce. This legal tool becomes essential during trial separations, letting you set clear rules about finances, property, and parenting while maintaining your marriage status under Belgian law.

The agreement proves particularly valuable when complex assets need protection, children require stable arrangements, or when couples want to test living separately before pursuing divorce. It's also crucial for protecting both parties' rights during separation, especially regarding shared property, debt responsibilities, and support payments in accordance with Belgian civil code.

• Legal Separation Agreement: The most comprehensive type, covering all aspects of separation including custody, support, and property division under Belgian law
• Mutual Separation Agreement: Used when both parties amicably agree to all terms, typically requiring less court involvement
• Financial Separation Agreement: Focuses specifically on monetary matters, debt division, and ongoing financial obligations
• Separation Of Assets Agreement: Deals exclusively with property division and asset allocation
• Business Separation Agreement: Addresses separation of jointly owned business interests and commercial assets

• Separating Couples: The primary parties who negotiate and sign the Separation Agreement, outlining their rights and obligations during separation
• Family Law Attorneys: Draft and review agreements to ensure legal compliance with Belgian civil code and protect their clients' interests
• Mediators: Help couples reach mutual agreements on contentious issues and draft initial terms
• Notaries: Authenticate Separation Agreements and ensure proper registration under Belgian law
• Financial Advisors: Assist in structuring financial aspects and asset division arrangements
• Family Court Judges: May review and approve agreements, especially when children are involved

• Personal Details: Gather full legal names, addresses, marriage date, and separation date for both parties
• Asset Inventory: List all joint and separate property, including real estate, vehicles, bank accounts, and investments
• Financial Documentation: Collect recent tax returns, pay slips, bank statements, and debt records
• Child Information: Document ages, school details, and healthcare needs if children are involved
• Living Arrangements: Detail proposed housing plans and division of household items
• Support Calculations: Determine any spousal or child support payments based on Belgian guidelines
• Draft Review: Use our platform to generate a legally compliant agreement, then review all terms carefully

• Identification Section: Full legal names, addresses, and marriage details of both parties
• Separation Declaration: Clear statement of intent to live separately under Belgian civil code
• Property Division: Detailed allocation of assets, debts, and financial responsibilities
• Child Arrangements: Custody schedule, visitation rights, and financial support calculations
• Spousal Support: Terms for any ongoing financial assistance between parties
• Living Arrangements: Specifics about who stays in the family home and future housing plans
• Legal Compliance: Reference to relevant Belgian family law provisions
• Execution Requirements: Signature blocks, witness provisions, and notarization details

A Separation Agreement differs significantly from a Cohabitation Agreement in Belgian law. While both deal with living arrangements, their timing and purposes are quite different.

• Legal Status: Separation Agreements are for married couples planning to live apart, while Cohabitation Agreements establish rights for unmarried partners living together
• Timing: Separation Agreements come into play when a relationship is breaking down, whereas Cohabitation Agreements are created at the start of living together
• Property Rights: Separation Agreements divide existing shared assets, while Cohabitation Agreements establish future property rights
• Court Involvement: Separation Agreements often require court approval, especially with children involved; Cohabitation Agreements typically don't need court oversight unless disputed
• Duration: Separation Agreements usually serve as temporary arrangements leading to divorce, while Cohabitation Agreements remain active throughout the relationship