Informal Separation Agreement Template for Netherlands

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Key Requirements PROMPT example:

Informal Separation Agreement

"I need an Informal Separation Agreement under Dutch law for a couple with two minor children, substantial shared business interests, and international assets, with the separation planned to take effect from March 1, 2025."

Document background
The Informal Separation Agreement is a crucial document used in the Netherlands when couples decide to separate but are not yet ready for or interested in immediate formal divorce proceedings. This document serves as a transitional arrangement, outlining how the separating parties will handle practical matters during their period of separation. It typically includes provisions for property division, financial arrangements, living situations, and if applicable, child care arrangements. While not having the same legal weight as a court-approved divorce decree, the agreement should still comply with Dutch legal principles and can later serve as a basis for formal divorce proceedings. This type of agreement is particularly useful for couples who want to document their arrangements while taking time to consider their long-term plans or those who wish to maintain some flexibility in their arrangements while ensuring basic protections for both parties.
Suggested Sections

1. Parties: Details and full legal names of both separating parties

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

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

4. Date of Separation: Official date of separation and its implications

5. Division of Property: General principles for division of joint property and assets

6. Financial Arrangements: Overview of how financial matters will be handled, including joint accounts and future financial obligations

7. Housing Arrangements: Arrangements regarding the family home and any other joint properties

8. Tax Considerations: Agreement on handling tax matters and future tax returns

9. Future Communication: Agreement on how parties will communicate and handle future decisions

10. Dispute Resolution: Process for resolving any future disputes regarding the agreement

11. Modification of Agreement: Conditions and process for modifying the agreement in the future

12. Governing Law: Specification that the agreement is governed by Dutch law

Optional Sections

1. Child Custody and Care: Required if the couple has children - covers custody arrangements, visitation schedules, and parenting responsibilities

2. Child Support: Required if the couple has children - details of financial support for children

3. Partner Maintenance: Include if one party will provide financial support to the other

4. Pension Rights: Include if there are pension rights to be divided

5. Pet Care Arrangements: Include if there are pets to consider - details custody and care arrangements for pets

6. Business Interests: Include if either party has business interests that need to be addressed

7. Inheritance Rights: Include if there are specific arrangements regarding inheritance rights post-separation

8. International Aspects: Include if either party has international assets or plans to move abroad

9. Medical Insurance: Include if there are arrangements needed for continued medical insurance coverage

10. Educational Expenses: Include if there are agreements about future educational expenses for children or either party

Suggested Schedules

1. Schedule A - Asset Division: Detailed list of all assets and their agreed division

2. Schedule B - Debt Division: Detailed list of all debts and liabilities and their agreed division

3. Schedule C - Household Items: Detailed inventory and division of household items

4. Schedule D - Bank Accounts: List of all joint and individual bank accounts and their disposition

5. Schedule E - Monthly Budget: Detailed budget for any ongoing financial commitments

6. Appendix 1 - Parenting Plan: Detailed parenting arrangements if children are involved

7. Appendix 2 - Contact Schedule: Detailed schedule for child visitation if applicable

8. Appendix 3 - Property Valuations: Professional valuations of significant assets if required

Authors

Alex Denne

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

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