The Mutual Divorce Settlement Agreement is a crucial document in German divorce proceedings, used when both spouses agree to divorce and its terms. This document becomes necessary after the mandatory one-year separation period required by German law and before the formal divorce application to the court. It comprehensively addresses all aspects of the divorce settlement, including the mandatory pension rights equalization (Versorgungsausgleich), property division, maintenance obligations, and arrangements for children if applicable. The agreement must be notarized and comply with German Civil Code (BGB) requirements to be legally valid. It serves as the foundation for the court's divorce decree and helps streamline the divorce process by demonstrating the spouses' mutual consent to all settlement terms.
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1. Parties: Identification and details of both spouses including full legal names, addresses, and birth dates
2. Background: Details of the marriage including date and place of marriage, date of separation, and confirmation of the one-year separation period required under German law
3. Definitions: Key terms used throughout the agreement
4. Divorce Proceedings: Agreement to file for divorce and cooperation in proceedings
5. Property Division: Division of matrimonial assets and liabilities, including real estate, vehicles, bank accounts, and debts
6. Pension Rights Equalization: Mandatory section on the equalization of pension entitlements (Versorgungsausgleich)
7. Maintenance and Support: Arrangements for any spousal support or maintenance payments
8. Tax Provisions: Agreement on handling tax matters and future tax liabilities
9. Final Provisions: Severability clause, governing law, and other standard closing provisions
1. Child Custody and Support: Required if the couple has children - arrangements for custody, visitation, and child support
2. Business Interests: Required if either party owns business interests - arrangements for division or continuation of business ownership
3. International Assets: Required for couples with assets in multiple countries - specific provisions for international property
4. Inheritance Rights: Optional waiver of inheritance rights between parties
5. Matrimonial Home: Required if there is shared property - specific arrangements for the family home
6. Future Dispute Resolution: Optional provisions for handling future disputes through mediation or arbitration
7. Insurance Policies: Required if there are joint insurance policies - arrangements for continuation or division
8. Pets: Required if there are pets - arrangements for pet custody and care
1. Schedule A - Asset Inventory: Detailed list of all matrimonial assets with agreed values
2. Schedule B - Liability Inventory: Detailed list of all joint debts and liabilities
3. Schedule C - Pension Information: Details of all pension entitlements subject to equalization
4. Schedule D - Property Transfer Details: Specific details of how and when property will be transferred between parties
5. Schedule E - Support Payment Schedule: Details of any periodic payments including amounts, dates, and duration
6. Appendix 1 - Property Valuations: Professional valuations of significant assets
7. Appendix 2 - Pension Statements: Current pension statements from all relevant providers
8. Appendix 3 - Child Support Calculations: Required if children involved - detailed calculations of child support obligations
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