The Property Agreement Divorce is a crucial document in Dutch divorce proceedings, required when spouses wish to formalize the division of their assets and liabilities upon dissolution of marriage. It is particularly relevant since the Netherlands' implementation of the 2018 Matrimonial Property Act, which introduced significant changes to the default marriage property regime. This agreement must detail all aspects of property division, including real estate, financial assets, pensions, and debts, while complying with Dutch legal requirements. It's essential for couples divorcing under Dutch jurisdiction, regardless of whether they married under the old or new property regime, and must be properly executed before a notary. The document serves as both a legally binding agreement between the parties and a reference document for various authorities including tax offices, land registry, and financial institutions.
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1. Parties: Identification and details of both spouses, including full legal names, addresses, and dates of birth
2. Background: Information about the marriage, including date and place of marriage, prenuptial agreements if any, and reference to the divorce proceedings
3. Definitions: Definitions of key terms used throughout the agreement, including property categories, valuation dates, and specific terms
4. Joint Property Overview: Comprehensive overview of all joint property acquired during marriage, including real estate, vehicles, bank accounts, and investments
5. Separate Property: Listing and confirmation of separate property owned by each spouse before marriage or received through inheritance/gift
6. Division of Community Property: Detailed arrangements for the division of joint property, including specific allocations to each party
7. Financial Settlement: Terms of any financial settlements, including equalizing payments between parties
8. Pension Rights: Division of pension rights accumulated during marriage as per Dutch Pension Rights Equalization Act
9. Debts and Liabilities: Distribution and responsibility for joint debts and liabilities
10. Tax Implications: Agreements regarding tax obligations and distributions of tax benefits/liabilities
11. Implementation: Practical arrangements for implementing the property division, including timelines and responsibilities
12. Final Provisions: Legal provisions including governing law, dispute resolution, and modification terms
1. Business Interests: Section detailing division of business interests or privately owned companies, used when either party owns a business
2. Intellectual Property Rights: Division of intellectual property rights, used when either party has significant IP assets
3. International Assets: Specific provisions for property located outside the Netherlands, used when parties have foreign assets
4. Inheritance Provisions: Special arrangements regarding inherited property or expected inheritances, used when significant inheritance is involved
5. Housing Arrangements: Temporary housing arrangements during property division, used when immediate separation of residences is not possible
6. Children's Property: Arrangements regarding property held for or belonging to children, used when there are minor children
7. Future Income Arrangements: Provisions regarding future bonuses or deferred compensation, used for couples with complex compensation structures
8. Investment Portfolios: Detailed arrangements for complex investment portfolios, used when significant investment assets exist
1. Schedule A - Real Estate: Detailed listing of all real estate properties including valuations, mortgages, and allocation
2. Schedule B - Bank Accounts: Complete listing of all bank accounts, savings, and investment accounts with current balances
3. Schedule C - Personal Property: Itemized list of personal property including furniture, jewelry, art, and collectibles
4. Schedule D - Vehicles: List of all vehicles including cars, boats, and recreational vehicles with valuations
5. Schedule E - Pension Overview: Detailed overview of pension rights and their agreed division
6. Schedule F - Debt Overview: Comprehensive list of all debts and liabilities with current balances
7. Appendix 1 - Property Valuations: Professional valuations of significant assets
8. Appendix 2 - Supporting Documents: Copies of relevant documentation including property deeds, account statements, and registration documents
9. Appendix 3 - Tax Documents: Relevant tax returns and documentation affecting property division
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