Agreement Of Separation Template for Germany

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Key Requirements PROMPT example:

Agreement Of Separation

"I need an Agreement of Separation under German law for a couple who jointly own a technology consulting business with 15 employees, with the separation planned to take effect from March 1, 2025; the agreement needs to address both the business continuity and personal asset division."

Document background
The Agreement of Separation (Trennungsvereinbarung) is a vital legal document used in Germany when married couples decide to separate but have not yet initiated or are not ready for divorce proceedings. It becomes particularly relevant during the mandatory separation period (typically one year) required under German law before a divorce can be granted. This document outlines crucial arrangements including financial obligations, property usage, custody arrangements if children are involved, and interim measures for asset management. The agreement must align with German Civil Code requirements and can be modified if circumstances change. It serves multiple purposes: documenting the official start of separation, establishing clear guidelines for the separation period, protecting both parties' interests, and potentially simplifying subsequent divorce proceedings. Legal counsel is often recommended when drafting this agreement to ensure compliance with German family law and to protect both parties' rights.
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 reasons for entering into this agreement

3. Definitions: Key terms used throughout the agreement

4. Duration of Separation: Agreed separation period and conditions, including the intended date of separation

5. Living Arrangements: Details regarding who will occupy the marital home or arrangements for separate residences

6. Financial Provisions: Arrangements for separation maintenance, bill payments, and handling of joint accounts

7. Division of Property: Initial division of movable property and temporary arrangements for immovable property

8. Debt Management: Handling of joint debts and credit obligations during separation

9. Tax Arrangements: Agreement on tax filing status and handling of tax obligations during separation

10. Communication Protocol: Agreed methods and boundaries for communication during separation

11. Modification Clause: Provisions for modifying the agreement if circumstances change

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

13. Severability Clause: Standard clause ensuring validity of remaining provisions if some are found invalid

Optional Sections

1. Child Arrangements: Required if the couple has children - covers custody, access, and financial support arrangements

2. Pet Care Arrangements: Include if the couple has pets - details custody and care arrangements

3. Business Interests: Required if spouses have joint business interests - covers interim management arrangements

4. Pension and Insurance: Include if there are significant pension or insurance policies to consider

5. Holiday Arrangements: Include if there are children or shared holiday homes - covers allocation of holiday times and usage

6. Mediation Clause: Optional clause for handling disputes through mediation before court proceedings

7. Confidentiality Provisions: Include if privacy is a particular concern for either party

8. Social Media Protocol: Include if there are concerns about social media behavior during separation

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all joint and individual assets as of separation date

2. Schedule B - Debt Schedule: Comprehensive list of all joint and individual debts and liabilities

3. Schedule C - Household Items Distribution: Detailed inventory and agreed division of household items

4. Schedule D - Monthly Budget: Breakdown of monthly expenses and payment responsibilities

5. Schedule E - Child Care Schedule: Detailed parenting time schedule and special arrangements for children

6. Schedule F - Insurance Policies: List of all insurance policies and agreed arrangements

7. Appendix 1 - Contact Information: Important contact details including legal representatives and mediators

8. Appendix 2 - Important Dates: Calendar of important dates including payment schedules and review periods

Authors

Alex Denne

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

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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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