The Spousal Waiver (Eheverzichtsvertrag) is a formal legal document used in Germany when married couples wish to modify or waive certain statutory rights that automatically arise from their marriage under German law. This document is particularly relevant in cases involving business ownership, inheritance planning, or international marriages. It must be executed before a German notary and requires both parties to receive independent legal advice to ensure they fully understand the implications of their waiver. The document typically addresses rights related to the statutory matrimonial property regime (Zugewinngemeinschaft), maintenance claims, and inheritance rights. It is subject to strict formal requirements under German law and must be carefully drafted to ensure enforceability while balancing the interests of both parties.
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1. Parties (Parteien): Identification and details of both spouses, including full legal names, addresses, and dates of birth
2. Background (Vorbemerkung): Context of the agreement, including marriage date/status and reasons for entering into the waiver
3. Definitions (Definitionen): Key terms used in the agreement, including specific legal terms under German law
4. Scope of Waiver (Umfang des Verzichts): Detailed description of all rights being waived, including property, maintenance, and inheritance rights
5. Legal Effects (Rechtliche Wirkungen): Clear explanation of the legal consequences of the waiver
6. Independent Legal Advice (Unabhängige Rechtsberatung): Confirmation that both parties have received independent legal advice about the implications of the waiver
7. Severability (Salvatorische Klausel): Standard clause stating that if any provision is invalid, the remainder of the agreement remains valid
8. Governing Law (Rechtswahl): Confirmation that German law governs the agreement
9. Execution (Ausführung): Formal execution requirements including notarization statement
1. Specific Asset Provisions (Bestimmungen zu bestimmten Vermögenswerten): Used when specific assets need to be addressed separately from the general waiver
2. Future Rights (Zukünftige Rechte): Include when parties want to specifically address rights that may arise in the future
3. Reciprocal Obligations (Gegenseitige Verpflichtungen): Used when the waiver is part of a broader arrangement with mutual obligations
4. Review Period (Überprüfungszeitraum): Include when parties want to build in a period for reviewing or potentially modifying the waiver
5. Hardship Clause (Härtefallklausel): Optional provision for exceptional circumstances where aspects of the waiver might be reconsidered
6. Language Provision (Sprachregelung): Include when the agreement is bilingual or when parties need to specify which language version prevails
1. Schedule of Assets (Vermögensaufstellung): List of current assets owned by each party at the time of waiver
2. Legal Advice Certificates (Rechtsberatungszertifikate): Certificates from lawyers confirming independent legal advice was given
3. Financial Disclosure (Finanzielle Offenlegung): Detailed financial disclosure from both parties
4. Translation Certificate (Übersetzungszertifikat): If agreement is bilingual, certificate confirming accuracy of translation
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