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Divorce Settlement Agreement for Belgium

Divorce Settlement Agreement Template for Belgium

A comprehensive legal document governed by Belgian law that formalizes the terms and conditions of a divorce settlement between two spouses. This agreement, which must comply with the Belgian Civil Code and related legislation, covers crucial aspects including property division, financial arrangements, child custody and support, and spousal maintenance. The document serves as a binding contract that outlines the rights and obligations of both parties post-divorce, incorporating specific Belgian legal requirements and considerations for international aspects when applicable, particularly relevant given Belgium's position as an international hub.

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What is a Divorce Settlement Agreement?

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.

What sections should be included in a Divorce Settlement Agreement?

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

What sections are optional to include in a Divorce Settlement 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

What schedules should be included in a Divorce Settlement Agreement?

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

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Belgium

Publisher

Ƶ

Cost

Free to use
Relevant legal definitions









































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Legal Services

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Relevant Roles

Family Law Attorney

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Divorce Mediator

Family Court Judge

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