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Domestic Partnership Declaration for Belgium

Domestic Partnership Declaration Template for Belgium

A Belgian Domestic Partnership Declaration (cohabitation légale/wettelijke samenwoning) is a legally binding document that establishes a civil union between two individuals under Belgian law. This document formalizes the legal cohabitation status of two persons, granting them specific rights and obligations under Belgian legislation. The declaration must comply with Articles 1475-1479 of the Belgian Civil Code and requires registration with local municipal authorities. It establishes mutual rights and obligations regarding property, housing, and financial responsibilities while maintaining a distinct legal status from marriage.

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What is a Domestic Partnership Declaration?

The Domestic Partnership Declaration is a crucial legal document in Belgium, introduced by the Law of 23 November 1998, that allows two people to officially register their cohabitation status. This declaration is available to both romantic partners and individuals sharing a household without romantic involvement, provided they are not married or in another legal cohabitation. The document serves multiple purposes: it establishes legal rights and obligations between cohabitants, provides certain social security benefits, affects tax status, and can influence immigration proceedings. The declaration must be filed with local municipal authorities and includes provisions for shared residence, mutual obligations, and property arrangements. It's particularly relevant in modern Belgian society where many couples choose alternatives to traditional marriage, or for individuals seeking to formalize their living arrangements for practical and legal purposes.

What sections should be included in a Domestic Partnership Declaration?

1. Parties: Full identification of both partners including names, dates of birth, current addresses, and nationalities

2. Background: Brief statement about the partners' intention to enter into legal cohabitation and confirmation that they meet legal requirements

3. Definitions: Definition of key terms used in the declaration

4. Declaration of Legal Cohabitation: Formal statement of the partners' intention to legally cohabitate under Belgian law

5. Legal Requirements Confirmation: Confirmation that both parties meet the legal requirements for cohabitation (being legally capable, not married, not in another legal cohabitation)

6. Common Residence: Details of the shared residence where the partners will legally cohabitate

7. Basic Rights and Obligations: Standard legal obligations including contribution to household expenses and mutual support

8. Property Arrangements: Basic provisions regarding separate ownership of property and division of shared expenses

9. Duration and Termination: Information about the indefinite nature of the agreement and conditions for termination

10. Signatures and Declarations: Formal signing section with declarations of free consent

What sections are optional to include in a Domestic Partnership Declaration?

1. Additional Property Arrangements: Detailed arrangements for property acquired during cohabitation, used when partners want more specific property agreements

2. Financial Agreements: Specific arrangements about financial contributions and shared expenses, recommended for partners with significant income differences

3. Inheritance Provisions: Additional provisions regarding inheritance rights, useful for partners wanting to expand default legal rights

4. Pet Care Arrangements: Provisions regarding shared pets and their care, relevant when partners have pets

5. Power of Attorney: Mutual power of attorney for specific matters, useful for partners wanting to handle each other's affairs

6. Immigration Status: Specific provisions related to immigration status, necessary when one partner is non-Belgian

7. Children: Provisions regarding existing children or future children, relevant when either partner has or plans to have children

What schedules should be included in a Domestic Partnership Declaration?

1. Schedule 1 - Inventory of Personal Property: List of significant personal property owned by each partner before cohabitation

2. Schedule 2 - Shared Property Inventory: List of property jointly owned by the partners at the time of declaration

3. Schedule 3 - Financial Disclosure: Statement of each partner's financial position at the time of declaration

4. Appendix A - Required Legal Documents: Copies of required identification documents and certificates

5. Appendix B - Property Documentation: Copies of property deeds, rental agreements, or other relevant property documents

6. Appendix C - Mutual Obligations Agreement: Detailed breakdown of agreed mutual obligations and responsibilities

Authors

Alex Denne

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

Jurisdiction

Belgium

Publisher

Ƶ

Cost

Free to use
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