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Pre Divorce Separation Agreement Template for Netherlands

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Key Requirements PROMPT example:

Pre Divorce Separation Agreement

"I need a Pre-Divorce Separation Agreement under Dutch law for a couple with shared business interests and two minor children, where one spouse will be relocating internationally in March 2025, including provisions for remote visitation arrangements and cross-border asset division."

Document background
The Pre-Divorce Separation Agreement is a crucial legal instrument in the Netherlands, used when married couples or registered partners decide to separate but are not yet ready or willing to initiate formal divorce proceedings. This document provides a structured framework for managing the separation period while ensuring compliance with Dutch family law. It typically includes comprehensive arrangements for property division, financial responsibilities, living arrangements, and where applicable, child custody and maintenance provisions. The agreement must align with the Dutch Civil Code, particularly Books 1 and 2, and recent legislative changes such as the 2020 updates to maintenance law. While not a substitute for a final divorce decree, this agreement serves as a legally binding document that can later be incorporated into formal divorce proceedings, providing stability and clarity during the separation period.
Suggested Sections

1. Parties: Identification and details of both spouses, including full legal names, addresses, and date of marriage

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

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

4. Living Arrangements: Details of who will live where, including any temporary arrangements and agreements about the family home

5. Financial Arrangements: Division of joint accounts, savings, investments, and debts

6. Property Division: Division of marital property, including the primary residence and other real estate

7. Maintenance Provisions: Arrangements for spousal maintenance (if applicable) and duration

8. Child Arrangements: Custody arrangements, visitation schedules, and decision-making responsibility for children

9. Child Maintenance: Financial arrangements for children's support and special expenses

10. Pension Rights: Division of pension rights accumulated during marriage

11. Tax Matters: Agreement on tax arrangements and responsibilities

12. Future Divorce Proceedings: Agreement on how and when to proceed with formal divorce

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

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

15. Binding Effect: Statement that the agreement is legally binding on both parties

Optional Sections

1. Business Interests: Division of business assets and arrangements for ongoing business relationships - used when either party owns a business

2. International Assets: Specific arrangements for assets held outside the Netherlands - used for international couples or those with foreign assets

3. Pets: Arrangements for pet care and ownership - used when the couple has pets

4. Intellectual Property: Division of intellectual property rights - used for couples with significant IP assets

5. Insurance Policies: Arrangements for life, health, and other insurance policies - used when significant insurance policies exist

6. Religious Considerations: Specific religious requirements for separation - used for couples requiring religious compliance

7. Educational Arrangements: Specific provisions for children's education - used when there are specific educational concerns or plans

8. Medical Care: Arrangements for ongoing medical care and expenses - used when there are specific medical needs

Suggested Schedules

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

2. Schedule B - Debt Inventory: Detailed list of all marital debts and liabilities

3. Schedule C - Personal Property Division: Itemized list of personal property and its allocation between parties

4. Schedule D - Child Care Schedule: Detailed visitation and care schedule for children

5. Schedule E - Child Expenses: Breakdown of children's expenses and cost sharing arrangements

6. Schedule F - Insurance Policies: List of insurance policies and beneficiary arrangements

7. Schedule G - Pension Details: Detailed information about pension arrangements and division

8. Appendix 1 - Financial Disclosure: Complete financial disclosure statements from both parties

9. Appendix 2 - Property Valuations: Professional valuations of significant assets

10. Appendix 3 - Child Support Calculations: Detailed calculations for child support following Dutch guidelines

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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