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Matrimonial Separation Agreement Template for Netherlands

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Key Requirements PROMPT example:

Matrimonial Separation Agreement

"I need a Matrimonial Separation Agreement under Dutch law for a couple with joint business interests, where one spouse will continue running the shared company and buy out the other's share, with separation planned for March 2025."

Document background
The Matrimonial Separation Agreement (Scheidingsconvenant) is a crucial legal document in Dutch family law that marks the formal separation of married couples who have decided to live apart. This document is typically prepared when couples wish to legally separate but are not yet ready or willing to file for divorce, or as part of the divorce process itself. It must comply with Dutch legal requirements and includes comprehensive arrangements for property division, financial matters, living arrangements, and if applicable, children's care. The agreement serves multiple purposes: it provides legal protection for both parties, creates clarity about rights and obligations, and can be used as a basis for future divorce proceedings. Under Dutch law, this agreement becomes legally binding once properly executed and can be enforced through the courts if necessary. It's particularly important as it helps prevent future disputes by clearly documenting all agreements made between the separating spouses.
Suggested Sections

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

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

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

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

5. Living Arrangements: Details of current and future living arrangements, including the matrimonial home

6. Division of Property: Comprehensive arrangement for division of all matrimonial property, including real estate, vehicles, and personal belongings

7. Financial Arrangements: Details of financial settlements, including bank accounts, investments, and debt division

8. Spousal Support: Terms and conditions of any spousal maintenance (partneralimentatie), including amount, duration, and review conditions

9. Tax Arrangements: Agreement on tax matters, including filing status and division of tax benefits/liabilities

10. Insurance and Medical Coverage: Arrangements regarding health, life, and other insurance policies

11. Future Income and Pensions: Division of pension rights and arrangements for future income

12. Dispute Resolution: Process for resolving future disputes related to the agreement

13. Governing Law: Confirmation of Dutch law as governing law and jurisdiction

14. Amendment and Review: Provisions for future amendments and periodic review of the agreement

Optional Sections

1. Children Arrangements: Required if the couple has children - covering custody, access, child support, and education

2. International Aspects: Required if either party has international connections or assets abroad

3. Business Interests: Required if either party owns business interests that need to be addressed

4. Pets and Animals: Required if there are pets whose care needs to be arranged

5. Inheritance Rights: Optional section addressing mutual waiver of inheritance rights

6. Social Media and Privacy: Optional section covering agreements about social media behavior and privacy

7. Future Name Usage: Required if either party wishes to address the use of married names

8. Religious Aspects: Required for couples needing to address religious marriage dissolution

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all matrimonial assets and their agreed values

2. Schedule B - Debt Inventory: Comprehensive list of all joint and individual debts

3. Schedule C - Property Division Schedule: Specific allocation of property items to each party

4. Schedule D - Personal Effects List: Detailed division of personal belongings and household items

5. Schedule E - Financial Disclosure: Complete financial disclosure from both parties

6. Schedule F - Pension Information: Details of pension arrangements and division

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

8. Appendix 2 - Legal Certificates: Copies of marriage certificate and other relevant legal documents

9. Appendix 3 - Children's Arrangements: Detailed parenting plan if applicable

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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