Property Separation Agreement Template for Netherlands

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Key Requirements PROMPT example:

Property Separation Agreement

"I need a Property Separation Agreement under Dutch law for a couple separating as of March 1, 2025, with specific provisions for dividing a family business and international real estate properties in Belgium and Germany."

Document background
The Property Separation Agreement is a crucial legal document used in the Netherlands when married couples decide to formally divide their assets and liabilities, whether as part of a divorce proceeding or for separate property arrangements during marriage. This agreement becomes particularly important under Dutch law, which has specific requirements for property division and registration. The document must comply with the Dutch Civil Code and the Marriage Property Act 2018, requiring careful consideration of both joint and separate assets, financial obligations, and future rights. A Property Separation Agreement typically includes detailed inventories of all assets, their agreed values, and specific arrangements for division, making it essential for protecting both parties' interests and ensuring legal certainty. The agreement must be properly executed, often requiring notarial intervention, and may need registration with relevant authorities, especially when real estate is involved.
Suggested Sections

1. Parties: Identification and details of both spouses entering into the agreement

2. Background: Context of the marriage, date of separation, and reason for the property separation agreement

3. Definitions: Key terms used throughout the agreement including definitions of separate and joint property

4. Effective Date: Specification of when the agreement takes effect

5. Division of Real Property: Detailed arrangements regarding the division of real estate and associated mortgages

6. Division of Personal Property: Agreement on division of movable assets, furniture, and personal belongings

7. Division of Financial Assets: Distribution of bank accounts, investments, and other financial assets

8. Division of Debts and Liabilities: Allocation of joint debts and financial obligations

9. Tax Provisions: Arrangements regarding tax implications and responsibilities

10. Implementation: Practical steps and timeline for implementing the property division

11. Future Rights and Obligations: Statement about future property rights and obligations post-separation

12. Governing Law: Confirmation that Dutch law governs the agreement

13. Dispute Resolution: Process for resolving any future disputes about the agreement

14. Execution: Formal requirements for signing and witnessing the agreement

Optional Sections

1. Business Interests: Section dealing with division of business assets and shares when one or both parties own business interests

2. Pension Rights: Specific arrangements for pension division when applicable

3. International Assets: Provisions for property located outside the Netherlands

4. Intellectual Property Rights: Division of intellectual property when relevant

5. Future Inheritance Rights: Provisions regarding potential future inheritances if parties wish to address this

6. Pets and Animals: Arrangements regarding ownership and care of pets if applicable

7. Vehicle Division: Specific provisions for division of vehicles when significant in value

8. Art and Collectibles: Special provisions for valuable collections or artwork

Suggested Schedules

1. Schedule A - Real Property Inventory: Detailed list of all real estate properties with current market valuations

2. Schedule B - Personal Property Inventory: Comprehensive list of personal property items and their agreed values

3. Schedule C - Financial Assets: List of all bank accounts, investments, and other financial assets with current balances

4. Schedule D - Debts and Liabilities: Detailed overview of all joint debts and liabilities

5. Schedule E - Division Summary: Summary table showing the overall division of assets and liabilities

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

7. Appendix 2 - Legal Title Documents: Copies of relevant property titles and registration documents

8. Appendix 3 - Financial Statements: Recent bank statements and financial account information

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

Relevant legal definitions
Clauses
Relevant Industries

Legal Services

Real Estate

Financial Services

Notarial Services

Property Management

Banking

Insurance

Professional Services

Public Administration

Relevant Teams

Legal

Family Law

Property Law

Document Processing

Notarial Services

Financial Advisory

Real Estate

Contract Administration

Compliance

Client Services

Relevant Roles

Lawyer

Notary

Legal Counsel

Divorce Attorney

Property Lawyer

Financial Advisor

Estate Agent

Wealth Manager

Family Law Specialist

Legal Assistant

Paralegal

Property Valuation Expert

Mortgage Advisor

Tax Consultant

Legal Document Specialist

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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