Marital Settlement Agreement Template for Netherlands

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Key Requirements PROMPT example:

Marital Settlement Agreement

"I need a Marital Settlement Agreement under Dutch law for a couple with two minor children, joint ownership of a family business, and international properties in Belgium and Germany, with the agreement to take effect from March 1, 2025."

Document background
The Marital Settlement Agreement (Echtscheidingsconvenant) is a crucial legal document used in the Netherlands when couples decide to terminate their marriage through divorce. This agreement is required under Dutch family law to formalize the arrangements between divorcing spouses and must be executed before a Dutch notary. The document comprehensively covers all aspects of the divorce settlement, including property division, financial support, pension rights division under the Wet verevening pensioenrechten bij scheiding, and arrangements for children if applicable. It serves as both a legally binding contract and a roadmap for the post-divorce relationship between the parties. The agreement must comply with Dutch Civil Code requirements and may also need to address international aspects if foreign assets or cross-border elements are involved. This document is typically prepared with legal counsel and may require input from financial advisors, especially in cases involving complex assets or business interests.
Suggested Sections

1. Parties: Identification of both spouses, including full legal names, addresses, and other relevant personal details

2. Background: Brief history of the marriage, including date and place of marriage, date of separation, and reason for divorce

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

4. Division of Community Property: Detailed arrangements for the division of joint property and assets acquired during marriage

5. Financial Settlement: Terms of financial settlement including alimony, maintenance payments, and any lump sum payments

6. Pension Rights: Division of pension rights according to Dutch Pension Rights Equalisation Act

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

8. Tax Matters: Agreements regarding tax implications and responsibilities

9. Future Rights and Obligations: Mutual release of future claims and ongoing obligations

10. Governing Law and Jurisdiction: Specification of Dutch law as governing law and competent courts

11. Execution and Implementation: Process and timeline for implementing the agreement terms

Optional Sections

1. Child Custody and Care: Required when the couple has minor children, covering custody arrangements, visitation rights, and parental responsibility

2. Child Support: Required when there are minor children, detailing financial support arrangements

3. Business Interests: Required when either spouse owns a business or has business interests that need to be divided

4. International Assets: Required when the couple has assets in multiple countries

5. Inherited Property: Required when either spouse has received inheritance during the marriage that needs to be addressed

6. Intellectual Property Rights: Required when either spouse has IP rights that need to be divided or protected

7. Pet Care Arrangements: Required when the couple needs to arrange care and custody of pets

8. Future Education Costs: Required when there are agreements about future education costs for children

9. Medical Insurance: Required when ongoing medical insurance arrangements need to be specified

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all community property and separate property

2. Schedule B - Property Division: Specific allocation of properties and assets between parties

3. Schedule C - Debt Schedule: Complete listing of all debts and their allocation

4. Schedule D - Pension Information: Details of pension accounts and their agreed division

5. Schedule E - Child Care Schedule: Detailed visitation and care schedule for children

6. Schedule F - Insurance Policies: List of all insurance policies and their disposition

7. Appendix 1 - Property Valuations: Professional valuations of significant assets

8. Appendix 2 - Business Valuations: If applicable, professional valuations of business interests

9. Appendix 3 - Tax Calculations: Detailed tax implications and calculations

10. Appendix 4 - Supporting Documents: Copies of relevant certificates, titles, and other supporting documentation

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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Family Law Attorney

Divorce Lawyer

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