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Temporary Separation Agreement Template for Germany

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Key Requirements PROMPT example:

Temporary Separation Agreement

"I need a Temporary Separation Agreement under German law for a couple who jointly own a software company, with provisions for continuing business operations during separation and managing shared intellectual property rights, to be effective from March 1, 2025."

Document background
The Temporary Separation Agreement (Trennungsvereinbarung) is a crucial document in German family law, used when married couples decide to live separately but are not yet pursuing or eligible for divorce. Under German law, couples must typically live separately for one year before filing for divorce, making this agreement essential for managing the interim period. The document addresses immediate practical concerns such as living arrangements, financial responsibilities, asset usage, and if relevant, child-related matters. It provides a structured framework that complies with German Civil Code requirements while allowing for modifications as circumstances change. This agreement is particularly important as it can help prevent disputes, establish clear expectations, and protect both parties' rights during the separation period, while potentially serving as a foundation for any subsequent divorce agreement.
Suggested Sections

1. Parties: Identification and details of both spouses entering into the separation agreement

2. Background: Brief history of the marriage, date of separation, and reason for creating this agreement

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

4. Date of Separation: Official date of separation (Trennungsdatum) and acknowledgment of living apart

5. Living Arrangements: Details of who will occupy the marital home or respective new living arrangements

6. Division of Household Items: Agreement on the division and use of household goods and personal property

7. Financial Provisions: Arrangements for separate finances, including bank accounts and financial obligations

8. Maintenance Payments: Details of any spousal support (Trennungsunterhalt) arrangements

9. Health Insurance: Arrangements regarding health insurance coverage during separation

10. Tax Matters: Agreement on tax filing status and allocation of tax benefits/obligations

11. Confidentiality: Terms regarding privacy and confidentiality of the agreement and personal matters

12. Duration and Review: Period of validity and conditions for reviewing or modifying the agreement

13. Governing Law: Confirmation that the agreement is governed by German law

14. Severability: Standard clause ensuring remaining provisions stay valid if others are found invalid

Optional Sections

1. Children's Arrangements: Used when the couple has children - includes custody, access, and child support arrangements

2. Pets: Used when there are pets to address custody and care arrangements

3. Business Interests: Required when spouses have joint business interests or shared professional practices

4. Inheritance Rights: Optional section addressing any inheritance rights during separation

5. Joint Debts: Used when there are significant joint debts to be addressed

6. Holiday Arrangements: Used when specific holiday schedules need to be established, especially with children

7. Communication Protocol: Added when specific rules for communication between parties need to be established

8. Property Sale: Included when joint property is to be sold during the separation period

9. Mediation Clause: Optional provision for handling future disputes through mediation

10. International Travel: Required when one party may travel internationally with children

Suggested Schedules

1. Schedule A - Asset List: Detailed inventory of all marital assets and their agreed division

2. Schedule B - Household Items: Comprehensive list of household items and their allocation

3. Schedule C - Financial Obligations: List of all joint financial obligations and responsibility allocation

4. Schedule D - Children's Schedule: Detailed visitation and care schedule for children if applicable

5. Schedule E - Maintenance Calculations: Detailed calculations for any maintenance payments

6. Schedule F - Insurance Policies: List of insurance policies and their handling during separation

7. Appendix 1 - Contact Information: Important contact details for both parties and relevant third parties

8. Appendix 2 - Important Documents: List of important documents and their location/custodianship

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

Relevant legal definitions



































Clauses






























Relevant Industries

Legal Services

Financial Services

Real Estate

Social Services

Family Services

Tax Advisory

Mediation Services

Notarial Services

Property Management

Insurance

Relevant Teams

Legal

Corporate Affairs

Compliance

Risk Management

Document Management

Administrative Support

Client Services

Family Law Practice

Dispute Resolution

Legal Operations

Relevant Roles

Family Law Attorney

Legal Counsel

Mediator

Notary

Tax Consultant

Financial Advisor

Legal Document Specialist

Family Court Judge

Social Worker

Legal Administrative Assistant

Paralegal

Risk Management Officer

Compliance Officer

Legal Operations Manager

Industries








Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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