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Divorce Consent Form Template for Belgium

A Belgian Divorce Consent Form is a legally binding document used in Belgium's civil law system for couples seeking divorce by mutual consent (echtscheiding door onderlinge toestemming/divorce par consentement mutuel). This document outlines the agreed terms of divorce between spouses, including property division, financial arrangements, and if applicable, child custody arrangements. It must comply with Belgian Civil Code requirements and recent divorce law reforms, particularly the Law of 27 April 2007. The document serves as both a representation of the spouses' agreement and a formal submission to the Belgian courts, requiring specific formatting and content to meet jurisdictional requirements.

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What is a Divorce Consent Form?

The Divorce Consent Form is a crucial document in Belgian divorce proceedings, specifically designed for cases where both parties agree to terminate their marriage through mutual consent. This document becomes necessary when married couples in Belgium decide to divorce amicably and have reached agreement on all major aspects of their separation. The form must comply with Belgian federal law and includes comprehensive arrangements for property division, financial settlements, and child custody if applicable. It represents a streamlined approach to divorce under Belgian law, introduced through reforms aimed at simplifying the divorce process while protecting both parties' interests. The document must be prepared in one of Belgium's official languages (Dutch, French, or German, depending on the jurisdiction) and requires review by legal professionals before submission to the court. This form is particularly relevant in the context of Belgium's divorce procedures, which differ significantly from common law jurisdictions.

What sections should be included in a Divorce Consent Form?

1. Parties: Full legal names, national registration numbers, current addresses, and contact details of both spouses

2. Background: Details of the marriage including date and place, length of separation if applicable, and confirmation that both parties seek divorce by mutual consent

3. Definitions: Key terms used throughout the agreement, including references to relevant Belgian legal concepts

4. Declaration of Mutual Consent: Formal statement confirming both parties freely agree to the divorce and understand its implications

5. Current Living Arrangements: Statement of current living situation and date of separation if applicable

6. Division of Property: Agreement on division of matrimonial home, joint accounts, and other shared assets and liabilities

7. Financial Arrangements: Details of any maintenance payments, pension sharing, or other financial support between parties

8. Tax Implications: Agreement on handling of tax matters and any outstanding joint tax obligations

9. Legal Costs: Agreement on how legal and court costs related to the divorce will be shared

10. Final Provisions: Governing law, jurisdiction, and effective date of the agreement

What sections are optional to include in a Divorce Consent Form?

1. Children Arrangements: Required if the couple has children - details custody arrangements, visitation rights, and child maintenance

2. Business Interests: Required if spouses share business interests - arrangements for division or continued operation of shared businesses

3. International Assets: Required if couple owns property abroad - specific arrangements for international property

4. Pets and Animals: Required if couple has pets - arrangements for pet custody and care

5. Future Name Usage: Required if either party wishes to address name change after divorce

6. Healthcare and Insurance: Required if there are shared health insurance or healthcare arrangements to be addressed

7. Intellectual Property Rights: Required if there are shared intellectual property rights to be divided

8. Religious Divorce Proceedings: Required for couples who also need religious divorce proceedings

What schedules should be included in a Divorce Consent Form?

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

2. Schedule B - Liability Inventory: List of all joint debts and liabilities with agreed allocation

3. Schedule C - Property Valuations: Professional valuations of significant assets including real estate

4. Schedule D - Income Statements: Current income documentation for both parties

5. Schedule E - Children's Expenses: Detailed breakdown of children's costs and financial needs if applicable

6. Appendix 1 - Marriage Certificate: Copy of official marriage certificate with translation if needed

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

8. Appendix 3 - Financial Accounts: Statements of all relevant bank accounts, investments, and pensions

Authors

Alex Denne

Head of Growth (Open Source Law) @ 黑料视频 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Belgium

Publisher

黑料视频

Document Type

Consent Form

Cost

Free to use

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