The Divorce Property Settlement Agreement is a crucial legal document required under Belgian law when married couples proceed with divorce and need to formally divide their assets and liabilities. This comprehensive agreement, governed by the Belgian Civil Code and the Law of 27 April 2007, serves as the foundational document for property division, covering everything from real estate and financial assets to pension rights and personal property. It must be prepared in accordance with Belgian matrimonial property regimes and requires notarial authentication. The document is typically prepared during divorce proceedings and can be used either in contested or uncontested divorces, though its contents may vary accordingly. It provides legal certainty for both parties and is required for property registration and tax purposes in Belgium.
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1. Parties: Identification of both spouses, including full legal names, addresses, and relevant personal details
2. Background: Brief history of the marriage, date of separation, and context for the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Purpose and Intent: Statement of the parties' intention to divide property and settle all matrimonial property claims
5. Marriage Details: Date and place of marriage, applicable matrimonial property regime
6. Division of Real Property: Detailed arrangements for the division or transfer of real estate and property rights
7. Division of Personal Property: Distribution of movable assets, furniture, vehicles, and personal belongings
8. Financial Assets: Division of bank accounts, investments, savings, and other financial assets
9. Debts and Liabilities: Allocation of joint debts, mortgages, loans, and other financial obligations
10. Pension and Retirement Benefits: Arrangements regarding pension rights and retirement benefits
11. Tax Provisions: Agreement on tax matters, including future tax liabilities and responsibilities
12. Implementation: Timeframes and procedures for implementing the property division
13. Governing Law: Confirmation that the agreement is governed by Belgian law
14. Final Provisions: Signatures, date, and notarization requirements
1. Business Interests: Division of business assets and arrangements for shared business interests, if applicable
2. Intellectual Property Rights: Division of intellectual property rights, if any exist
3. International Assets: Specific provisions for assets located outside Belgium, if applicable
4. Future Inheritance Rights: Waiver or specific arrangements regarding future inheritance rights
5. Mediation Clause: Provisions for resolving future disputes through mediation
6. Insurance Policies: Arrangements regarding life, health, or other insurance policies
7. Digital Assets: Division of digital assets and online accounts, if relevant
8. Pets and Animals: Arrangements for pets and livestock, if applicable
1. Schedule A - Real Estate Inventory: Detailed list of all real estate properties with valuations and supporting documents
2. Schedule B - Personal Property Inventory: Comprehensive list of personal property items and their agreed values
3. Schedule C - Financial Assets Register: Detailed listing of all bank accounts, investments, and financial instruments
4. Schedule D - Debt Schedule: Complete list of all joint debts and liabilities with current balances
5. Schedule E - Pension Documentation: Details of pension arrangements and supporting documentation
6. Schedule F - Business Valuation: Business valuation reports and related documentation, if applicable
7. Schedule G - Property Certificates: Land registry certificates and property-related official documents
8. Schedule H - Appraisal Reports: Professional appraisal reports for high-value items
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