Post Nuptial Agreements in Belgium are utilized when married couples wish to modify their existing matrimonial property regime or establish new arrangements regarding their assets and financial affairs. These agreements must be executed in strict compliance with Belgian civil law and notarial requirements, including mandatory financial disclosure and formal registration. The document is particularly relevant when spouses need to address changes in their financial circumstances, protect business interests, handle inherited assets, or adapt their property regime to new situations. A Post Nuptial Agreement must be drafted with careful consideration of Belgian mandatory provisions, EU regulations on matrimonial property regimes, and cross-border implications if international assets are involved. The agreement requires notarial authentication and must be registered in the Belgian Central Register of Marriage Contracts.
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1. Parties: Identification of both spouses and their current legal status
2. Background: Details of the marriage, current matrimonial regime, and reasons for entering into the post-nuptial agreement
3. Definitions: Key terms used throughout the agreement, including property classifications and relevant legal concepts under Belgian law
4. Current Matrimonial Regime: Declaration of the existing matrimonial property regime and its key characteristics
5. Modification of Property Regime: Detailed description of the new property arrangements being established
6. Division of Assets: Specification of how existing assets will be categorized and divided under the new regime
7. Future Property Rights: Rules governing the acquisition and classification of future assets
8. Debts and Liabilities: Treatment of existing and future debts under the new regime
9. Management of Assets: Rules regarding the administration of joint and separate property
10. Notarial Requirements: Formal declarations required under Belgian notarial law
11. Governing Law: Confirmation of Belgian law as governing law and relevant jurisdictional provisions
12. Execution: Formal execution requirements and notarial attestation
1. Business Interests: Specific provisions for handling business ownership and professional activities, used when either spouse owns or operates a business
2. Inheritance Rights: Special provisions regarding inheritance rights and estate planning, included when spouses wish to modify default inheritance provisions
3. International Assets: Specific provisions for assets located outside Belgium, included when spouses own foreign property
4. Pension Rights: Provisions regarding pension and retirement benefits, included when specific pension arrangements need to be addressed
5. Family Home Provisions: Special provisions regarding the family home, included when specific arrangements for the primary residence are needed
6. Child-Related Provisions: Provisions regarding assets held for children's benefit, included when there are children from current or previous marriages
1. Schedule A - Inventory of Joint Assets: Comprehensive list and valuation of all joint assets as of the agreement date
2. Schedule B - Inventory of Husband's Separate Property: Detailed list and valuation of assets owned separately by the husband
3. Schedule C - Inventory of Wife's Separate Property: Detailed list and valuation of assets owned separately by the wife
4. Schedule D - Joint Debts and Liabilities: List of all joint debts and financial obligations
5. Schedule E - Property Valuations: Professional valuations of significant assets including real estate and business interests
6. Appendix 1 - Required Financial Disclosures: Mandatory financial disclosure statements from both parties as required by Belgian law
7. Appendix 2 - Notarial Certificates: Required notarial certificates and confirmations
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