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Divorce Separation Agreement Template for Germany

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Key Requirements PROMPT example:

Divorce Separation Agreement

"I need a German Divorce Separation Agreement for a couple with joint custody of two minor children, where one spouse will keep the family business and the other will retain the matrimonial home, with the separation planned for March 2025."

Document background
The Divorce Separation Agreement (Scheidungsfolgenvereinbarung) is a crucial document used in German divorce proceedings to formalize the terms of separation between married couples. It is typically prepared when spouses have decided to separate and want to clearly document their agreements regarding property division, financial arrangements, and family matters. This comprehensive agreement must comply with German family law, particularly the provisions of the German Civil Code (BGB), and requires notarization to be legally valid. It serves multiple purposes: documenting the parties' mutual understanding, preventing future disputes, and facilitating the divorce process in German Family Courts. The agreement can address various aspects including property division, spousal maintenance, pension rights equalization, child custody and support (if applicable), and any other relevant matters specific to the separating couple's circumstances.
Suggested Sections

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

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

3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty

4. Separation Status: Confirmation of separation and agreement to live apart

5. Division of Matrimonial Property: Comprehensive arrangement for division of joint property and assets

6. Financial Settlement: Overall financial settlement including one-time payments and transfers

7. Maintenance Arrangements: Spousal maintenance/support arrangements, including duration and amounts

8. Pension Rights Equalization: Agreement on Versorgungsausgleich (pension rights splitting)

9. Matrimonial Home: Arrangements regarding the family home, including transfer of ownership or rental arrangements

10. Joint Debts and Liabilities: Division and responsibility for existing debts and financial obligations

11. Tax Matters: Agreement on tax arrangements and responsibilities

12. Final Provisions: Legal framework, governing law, and binding nature of the agreement

Optional Sections

1. Child Arrangements: Used when the couple has children - covers custody, access, and child maintenance

2. International Assets: Required when there are assets located outside of Germany

3. Business Interests: Needed when either party owns business assets or shares that need to be divided

4. Inheritance Rights: Optional section waiving future inheritance rights between parties

5. Insurance Policies: Required when there are joint insurance policies to be divided or beneficiaries to be changed

6. Pets: Used when arrangements need to be made regarding family pets

7. Future Dispute Resolution: Optional mechanism for resolving future disputes without court intervention

8. Confidentiality: Optional provisions regarding privacy and confidentiality of the agreement terms

Suggested Schedules

1. Schedule A - Property Inventory: Detailed list of all matrimonial property and agreed division

2. Schedule B - Financial Assets: List of bank accounts, investments, and other financial assets with agreed distribution

3. Schedule C - Pension Information: Details of pension arrangements and agreed splitting calculations

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

5. Schedule E - Debt Schedule: Comprehensive list of joint debts and agreed responsibility

6. Appendix 1 - Child Care Schedule: Detailed visitation and care schedule for children (if applicable)

7. Appendix 2 - Financial Disclosure: Complete financial disclosure from both parties

8. Appendix 3 - Property Valuations: Professional valuations of significant assets

Authors

Alex Denne

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

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Relevant Industries

Legal Services

Financial Services

Real Estate

Insurance

Family Services

Social Services

Public Administration

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Property Management

Professional Services

Relevant Teams

Legal

Family Law

Dispute Resolution

Document Processing

Client Services

Compliance

Administrative Support

Financial Advisory

Notarial Services

Court Administration

Relevant Roles

Family Law Attorney

Legal Counsel

Divorce Mediator

Notary Public

Family Court Judge

Legal Administrator

Paralegal

Financial Advisor

Property Valuator

Pension Rights Specialist

Social Worker

Family Therapist

Legal Document Specialist

Court Clerk

Legal Secretary

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