The Divorce Settlement Agreement (Echtscheidingsovereenkomst/Convention de divorce) is a crucial legal document used in Belgian divorce proceedings to formalize the terms of separation between spouses. It is particularly relevant in cases of divorce by mutual consent (echtscheiding door onderlinge toestemming/divorce par consentement mutuel), which is the most common form of divorce in Belgium since the 2007 reforms. This document must comply with Belgian Civil Code requirements and typically includes comprehensive arrangements for property division, financial settlements, child custody, and support obligations. It can be used either as part of an initial divorce filing or as a settlement document during ongoing proceedings. The agreement must be prepared in accordance with Belgian law and may need to consider EU regulations, particularly in cases involving international elements. It serves as a binding contract once approved by the court and forms the foundation for the post-divorce relationship between the parties.
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1. Parties: Identification of both spouses, including full legal names, addresses, and national registration numbers
2. Background: Details of the marriage, including date and place of marriage, current living situation, and reason for divorce
3. Definitions: Definitions of key terms used throughout the agreement
4. Divorce Terms: Specific grounds for divorce under Belgian law and mutual agreements regarding the divorce procedure
5. Property Division: Comprehensive arrangement for division of marital property, including real estate, vehicles, bank accounts, and personal property
6. Financial Arrangements: Details of financial settlements, including division of debts, pensions, and other financial obligations
7. Child Custody and Care: Arrangements for custody, visitation, and care of children, including primary residence and decision-making authority
8. Child Support: Financial arrangements for child support, including payment amounts, frequency, and adjustment mechanisms
9. Spousal Support: Terms of any alimony or maintenance payments, including duration and conditions
10. Tax Provisions: Agreements regarding tax matters, including filing status and allocation of tax benefits
11. Dispute Resolution: Procedures for resolving future disputes, including mediation requirements
12. Governing Law: Confirmation of Belgian law as governing law and jurisdiction
13. Execution: Signature requirements and effective date of the agreement
1. International Assets: Required when parties have assets in multiple countries, detailing international property division
2. Business Interests: Required when either party owns business interests that need to be addressed in the settlement
3. Educational Arrangements: Required when there are specific agreements about children's education
4. Religious Considerations: Required when religious aspects need to be addressed in child-rearing or other matters
5. Language Provisions: Required in cases where children's linguistic education or communication between parties in different languages needs to be addressed
6. Pet Custody: Required when arrangements for family pets need to be specified
7. Social Security and Benefits: Required when there are specific arrangements regarding social security benefits or other government benefits
8. Insurance Provisions: Required when addressing health, life, or other insurance policies and beneficiary arrangements
1. Schedule A - Property Inventory: Detailed list of all marital property and agreed division
2. Schedule B - Financial Accounts: List of all bank accounts, investment accounts, and their agreed distribution
3. Schedule C - Child Custody Calendar: Detailed visitation schedule including holidays and special occasions
4. Schedule D - Child Support Calculations: Detailed calculations of child support based on Belgian guidelines
5. Schedule E - Debt Schedule: List of all marital debts and responsibilities for payment
6. Appendix 1 - Property Valuations: Professional valuations of significant assets
7. Appendix 2 - Pension Information: Details of pension arrangements and divisions
8. Appendix 3 - Children's Special Needs: Any specific arrangements for children's medical, educational, or other special needs
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