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Separation Financial Agreement

Separation Financial Agreement Template for Netherlands

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Key Requirements PROMPT example:

Separation Financial Agreement

"I need a Separation Financial Agreement under Dutch law for a couple separating after 15 years of marriage, involving a family business, three properties in different countries, and significant pension arrangements, with the agreement to be effective from March 1, 2025."

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Document background
The Separation Financial Agreement (Financiële Overeenkomst bij Scheiding) is a crucial document under Dutch law used when married couples or registered partners decide to separate. It serves as a comprehensive framework for resolving all financial aspects of the separation, including the division of marital property, allocation of debts, pension rights, and any maintenance obligations. This document is particularly important in the Netherlands due to the country's specific matrimonial property regime and pension rights legislation. It should be prepared with professional legal guidance to ensure compliance with Dutch Civil Code requirements and can be used either as part of divorce proceedings or as a standalone agreement for legal separation. The agreement becomes especially critical given the Netherlands' default community of property regime and the mandatory pension rights division rules.
Suggested Sections

1. Parties: Identification and details of both parties to the agreement

2. Background: Brief history of the relationship, date of marriage/partnership, date of separation, and reason for creating this agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Duration of Marriage/Partnership: Specific dates of marriage/partnership and separation

5. Division of Joint Property: Principles and specifics of how joint property will be divided

6. Primary Residence: Arrangements regarding the family home, including ownership, sale, or transfer

7. Financial Accounts: Division of bank accounts, savings, and investments

8. Debts and Liabilities: Allocation of joint debts and financial responsibilities

9. Pension Rights: Division of pension rights according to Dutch law

10. Maintenance Payments: Details of any partner maintenance (if applicable) including amount, duration, and review terms

11. Tax Matters: Agreements on tax liabilities and arrangements

12. Final Provisions: Legal provisions including governing law, dispute resolution, and amendment procedures

Optional Sections

1. Business Interests: Required when either party owns a business or has shares in a company

2. Inheritance Rights: Needed when there are specific arrangements regarding inherited assets or future inheritances

3. International Assets: Required when parties have assets in multiple countries

4. Medical Insurance: Needed when ongoing medical insurance arrangements must be specified

5. Pets: Required when arrangements need to be made regarding pet ownership and care

6. Future Income: Needed when there are arrangements regarding future bonuses, commissions, or royalties

7. Intellectual Property: Required when either party has IP rights that need to be addressed

Suggested Schedules

1. Schedule A - Asset List: Comprehensive list of all assets owned by both parties with agreed values

2. Schedule B - Property Valuations: Professional valuations of real estate and significant assets

3. Schedule C - Pension Statements: Current pension statements and calculation of division

4. Schedule D - Debt Schedule: List of all joint and individual debts with current balances

5. Schedule E - Income Documentation: Recent salary slips, tax returns, and other income evidence

6. Schedule F - Division Timeline: Timeline for implementing various aspects of the agreement

7. Appendix 1 - Calculation of Maintenance: Detailed calculations for any maintenance payments

8. Appendix 2 - Tax Implications: Analysis of tax consequences of the proposed arrangements

Authors

Alex Denne

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

alex.den.21@genieai.co
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Family Lawyer

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