What does this regulate?
01 · UNDERSTAND
A loan agreement sets out the amount lent and the conditions under which it must be repaid. Clear agreements are also important between family members: they help distinguish later what was a loan and what was a gift.
We discuss how and when the money is transferred, whether interest is due, which repayments are feasible and how parties handle payment problems. The death of a party or a relationship breakdown can also be relevant.
A RECOGNISABLE SITUATION
Parents lend money to their child and their partner. We discuss who the debtor is and what happens if the relationship ends, so that repayment does not remain dependent on differing recollections.
What requires attention?
02 · CHOOSE CONSCIOUSLY
A private agreement does not automatically have the same enforceable power as a notarial deed. For forced collection, a judicial title may be necessary. Specific credit rules may apply depending on the parties and activity.
Also explain what was agreed earlier and where doubts remain. A regulation can only be appropriately developed if facts and wishes are clear.
More points to consider for your own situation
03 · YOUR INTENTION
You do not need to be able to answer all this in advance. Your doubts are also a good starting point.
Click on a question for an initial explanation or practical tip. You do not need to have an answer to everything yet.
Has the money already been paid or is it a future loan?
Note amount, date and account numbers and add proof of an earlier payment. For a future loan, we first agree on when and under what conditions the money will be released.
Who must repay: one person or multiple persons?
List all involved persons and what you expect from each. Clearly state who is responsible for which amount and who can be held liable for what.
Is there interest and how is it calculated?
Note whether you intend interest and the amount the borrower can pay monthly. Request a concrete repayment schedule with calculation of interest and costs.
What if a payment is missed or someone dies?
Discuss payment problems and death separately. Note what payment flexibility is feasible and determine how notification, further repayment and possible acceleration are arranged.
Do you want security, and which form is needed for that?
Indicate which risk you want to limit and which goods are proposed as security. Have the operation, costs and required form assessed before disbursement.
What do we need, and why?
04 · PREPARATION
Bring what you already have. We will agree on any additional documents the office needs to request. The final list depends on your file.
Identity and contact details
To correctly identify the persons involved and their capacity. Provide identity documents via the channel we agree with you.
Details of lender and borrower
To precisely record who has rights and obligations.
Bank evidence or proposed payment data
To make amount and execution verifiable.
Desired repayment schedule and interest agreements
To clearly set out due dates and calculations.
Existing documents and any securities
To assess overlap and the need for a notarial formality.
Is something missing? Mention it in your application. An initial meeting does not have to wait until you have gathered everything yourself.
What does NotaLegal do for you?
05 · GUIDANCE
We convert the agreed loan into a coherent text, discuss collection and securities, and provide instructions for signing and retaining proof of payment.
You will receive a draft for discussion. We review your questions and agree the final version before signing. Afterwards, we explain which preservation, registration or further execution applies to your document.
Know in advance what to expect.
06 · FEES
You want to know in advance what to expect. That is why we clearly and transparently discuss what work your file requires and what fee applies. We take into account the nature and complexity of your question, the documents to be examined and the time a careful handling requires.
We determine in advance which documents are necessary and explain any additional document costs. If a notarial deed is required, we first discuss the adjusted assignment and costs. When the law requires a notarial deed, a private agreement does not suffice.
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Substantive background: notaris.be · Lending money to your child
General explanation for preparing your meeting. Foreign ties, previous documents and your concrete situation may change the outcome. Sources and legal explanation.