The Marital Property Settlement Agreement is a crucial document in German family law, typically used during divorce proceedings or when couples wish to modify their matrimonial property regime. It serves to document the comprehensive division of assets, liabilities, and financial responsibilities between spouses, ensuring legal certainty and compliance with German matrimonial property law. The agreement must be executed before a German notary public to be legally valid and must comply with the provisions of the German Civil Code (BGB), particularly sections §§ 1408-1563 concerning matrimonial property regimes. This document becomes especially important when dealing with substantial assets, international property, business interests, or complex financial arrangements. It can also address pension rights adjustments (Versorgungsausgleich) and includes provisions for tax implications of the property division.
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1. Parties: Identification and details of both spouses, including full legal names, addresses, and date of marriage
2. Background: Brief history of the marriage, current status, and purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including specific German legal terminology
4. Property Regime Selection: Declaration of separation of property (Gütertrennung) and termination of previous property regime
5. Division of Real Estate: Detailed arrangements for the division or transfer of owned real estate properties
6. Division of Movable Property: Agreement on division of furniture, vehicles, and other movable assets
7. Financial Accounts and Investments: Distribution of bank accounts, investment portfolios, and retirement accounts
8. Debts and Liabilities: Allocation of existing debts and financial obligations between parties
9. Mutual Claims Waiver: Waiver of future claims against each other's assets and inheritance rights
10. Tax Provisions: Agreements on tax implications and responsibilities
11. Final Provisions: Severability clause, governing law, and formal requirements for modifications
1. Business Interests: Section addressing division or handling of business ownership and interests, used when either spouse owns a business
2. Pension Rights Adjustment: Specific arrangements for pension entitlements (Versorgungsausgleich), used when significant pension rights exist
3. International Assets: Special provisions for assets located outside Germany, used for international couples or foreign property
4. Inheritance Provisions: Special arrangements regarding inheritance rights and expectations, used when significant inherited assets are involved
5. Post-Divorce Support: Agreements on voluntary support payments, used when parties wish to define support beyond legal requirements
6. Intellectual Property Rights: Division of intellectual property rights, used when either party has significant IP assets
7. Future Asset Acquisition: Provisions for handling assets acquired after separation but before divorce, used in complex separation situations
1. Schedule A - Real Estate Inventory: Detailed list of all real estate properties with current market values and ownership allocation
2. Schedule B - Movable Property List: Comprehensive inventory of significant movable assets and their agreed distribution
3. Schedule C - Financial Accounts: List of all bank accounts, investment accounts, and their current balances
4. Schedule D - Debt Schedule: Detailed list of all debts and liabilities with allocation between parties
5. Schedule E - Business Valuation: Valuation reports and division details for business interests
6. Appendix 1 - Property Valuations: Professional valuations of significant assets
7. Appendix 2 - Tax Opinions: Tax adviser opinions on implications of the property division
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