Separation Agreement Property Settlement Template for Netherlands

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Key Requirements PROMPT example:

Separation Agreement Property Settlement

"I need a Dutch Separation Agreement Property Settlement for a couple separating in March 2025, involving international properties in France and Spain, substantial investment portfolios, and shared pension arrangements that need to be divided equally."

Document background
The Separation Agreement Property Settlement is a crucial legal document used in the Netherlands when married couples decide to separate or divorce and need to formalize the division of their assets and properties. This agreement is particularly important under Dutch law, which has specific requirements for property division, especially following the 2018 changes to matrimonial property law. The document addresses both community property (gemeenschap van goederen) and separate property, covering everything from real estate and financial accounts to pension rights and personal belongings. It must comply with the Dutch Civil Code and related legislation, and typically requires input from legal professionals, financial advisors, and sometimes mediators. The agreement serves as a binding legal document that can be registered with Dutch authorities and provides clarity and legal certainty for both parties regarding their property rights and obligations post-separation.
Suggested Sections

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

2. Background: Details of the marriage, date of separation, and reason for entering into the agreement

3. Definitions: Key terms used throughout the agreement, including property classifications and valuation dates

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

5. Division of Community Property: General principles and methodology for dividing community property

6. Real Estate: Arrangements regarding the matrimonial home and any other real estate properties

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

8. Pension Rights: Division of pension rights as per the Pension Rights Equalisation Act

9. Personal Property: Division of personal belongings, furniture, and household items

10. Debts and Liabilities: Allocation of joint debts and individual liabilities

11. Tax Provisions: Handling of tax matters, including joint tax returns and future tax liabilities

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

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

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

15. Execution: Signing requirements and effective date of the agreement

Optional Sections

1. Children's Property: Required if there are children who own or are beneficiaries of any property

2. Business Interests: Required if either party owns business interests that need to be divided

3. International Assets: Required if there are assets located outside the Netherlands

4. Inheritance Rights: Required if there are inherited assets that need special consideration

5. Future Income: Optional section dealing with rights to future income, bonuses, or commissions

6. Intellectual Property: Required if either party has IP rights that need to be addressed

7. Insurance Policies: Optional section addressing life, health, or property insurance arrangements

8. Pets: Optional section dealing with ownership and care of family pets

Suggested Schedules

1. Schedule A - Community Property: Detailed inventory of all community property with agreed values

2. Schedule B - Separate Property: List of property determined to be separate rather than community property

3. Schedule C - Real Estate Details: Legal descriptions and valuations of all real estate properties

4. Schedule D - Financial Accounts: Comprehensive list of all financial accounts with account numbers and balances

5. Schedule E - Personal Property Division: Detailed list of how personal property items will be divided

6. Schedule F - Debts and Liabilities: Complete list of all debts and liabilities with allocation between parties

7. Schedule G - Pension Information: Details of pension accounts and calculation of division

8. Appendix 1 - Supporting Documents: Copies of relevant property valuations, account statements, and other supporting documentation

9. Appendix 2 - Tax Documentation: Relevant tax returns and documentation affecting property division

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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Lawyer

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Financial Advisor

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