A Nuptial Agreement under Belgian law serves as a crucial legal instrument for couples planning to marry who wish to establish clear terms regarding their property rights and financial relationships. This document is particularly relevant when parties bring significant assets into the marriage, operate businesses, own international property, or wish to deviate from the default Belgian matrimonial regime. Belgian law requires these agreements to be executed before a notary prior to marriage, making them highly formal documents with strict execution requirements. The agreement typically includes comprehensive details about existing assets, future property arrangements, debt responsibilities, and provisions for various life events. It must comply with Belgian Civil Code requirements while potentially incorporating international considerations for couples with cross-border interests.
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1. Parties: Identification and details of both prospective spouses
2. Background: Context of the agreement, including the intended marriage date and basic intentions of the parties
3. Definitions: Definition of key terms used throughout the agreement
4. Choice of Matrimonial Regime: Clear statement of the chosen property regime (e.g., separation of property, universal community, or modified legal regime)
5. Pre-existing Assets: Declaration and categorization of assets owned by each party before marriage
6. Future Assets: Rules regarding the acquisition and management of future assets during marriage
7. Professional Income: Arrangements regarding earnings and professional revenues during marriage
8. Debts and Liabilities: Treatment of existing and future debts, including personal and joint liabilities
9. Property Management: Rules for managing both separate and common property
10. Dissolution Provisions: Arrangements in case of divorce or death
11. Governing Law: Confirmation of Belgian law as governing law and jurisdictional matters
12. Execution: Formal execution requirements including notarization provisions
1. International Assets: Required when either party owns or expects to own assets in other countries
2. Business Interests: Needed when either party owns or operates a business
3. Inheritance Arrangements: Optional provisions regarding inheritance rights beyond the legal requirements
4. Real Estate Provisions: Specific arrangements for existing or future real estate ownership
5. Gift Provisions: Special arrangements for handling gifts received during marriage
6. Pension Rights: Specific provisions regarding pension and retirement benefits
7. Children's Provisions: Required when there are children from previous relationships or specific arrangements for future children
8. Household Expenses: Detailed arrangements for sharing household expenses and responsibilities
1. Schedule A - Inventory of Wife's Assets: Detailed listing of all assets owned by the wife prior to marriage
2. Schedule B - Inventory of Husband's Assets: Detailed listing of all assets owned by the husband prior to marriage
3. Schedule C - Joint Assets: Listing of any pre-existing joint assets or agreements on future joint acquisitions
4. Schedule D - Real Estate Details: Detailed information about any real estate owned by either party
5. Schedule E - Business Interests: Detailed description of any business interests owned by either party
6. Schedule F - Debts and Liabilities: Comprehensive list of existing debts and liabilities of both parties
7. Appendix 1 - Financial Statements: Recent financial statements or declarations of both parties
8. Appendix 2 - Property Valuations: Professional valuations of significant assets where applicable
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