Civil Separation Agreement Template for Germany

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Key Requirements PROMPT example:

Civil Separation Agreement

"I need a Civil Separation Agreement for a mutual separation effective March 1, 2025, that primarily addresses the division of our Munich apartment, joint savings, and pension rights, with both parties waiving future maintenance claims."

Document background
A Civil Separation Agreement is a crucial document in German family law that formalizes the arrangements between separating spouses during their mandatory separation period. In Germany, couples must typically live separately for at least one year before filing for divorce, making this agreement essential for establishing clear terms during this interim period. The document covers various aspects including property division (Zugewinnausgleich), spousal maintenance (Ehegattenunterhalt), arrangements for the matrimonial home, and where applicable, child custody and support arrangements. The agreement must comply with German Civil Code requirements and usually requires notarization. It serves multiple purposes: documenting the separation date, establishing financial and practical arrangements, protecting both parties' rights, and potentially forming the foundation for a subsequent divorce settlement. The agreement is particularly important as it can help prevent future disputes and provide clarity during the separation period.
Suggested Sections

1. Parties: Identification and details of both spouses, including full legal names, addresses, and birth dates

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

3. Definitions: Key terms used throughout the agreement defined in accordance with German legal terminology

4. Separation Declaration: Formal declaration of separation and intent to live apart

5. Matrimonial Home: Arrangements regarding the family home, including who will continue to live there and any transfer of ownership

6. Basic Maintenance: Details of any spousal maintenance (Ehegattenunterhalt) arrangements

7. Division of Property: Agreement on the division of matrimonial assets and debts (Zugewinnausgleich)

8. Pension Rights: Arrangements for pension equalization (Versorgungsausgleich)

9. Tax Matters: Agreement on tax arrangements and responsibilities

10. Future Claims: Waiver or reservation of rights regarding future claims

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

12. Severability: Standard clause ensuring validity of remaining provisions if others are found invalid

13. Execution: Signature requirements and notarization provisions

Optional Sections

1. Child Custody and Access: Required if the couple has minor children - details custody arrangements, visitation rights, and parental responsibility

2. Child Maintenance: Required if the couple has children - details child support arrangements and extraordinary expenses

3. International Assets: Required if the couple has assets in multiple countries - specific provisions for international property

4. Business Interests: Required if the couple has joint business interests or shared commercial properties

5. Pets: Required if there are pets to be considered - arrangements for care and custody of pets

6. Insurance Policies: Required if there are joint insurance policies - arrangements for continuation or division

7. Inheritance Rights: Optional provisions regarding mutual inheritance rights post-separation

8. Confidentiality: Optional provisions for keeping the terms of the agreement private

9. Dispute Resolution: Optional provisions for handling future disputes through mediation or arbitration

Suggested Schedules

1. Schedule A - Asset Schedule: Detailed list of all matrimonial assets and their agreed values

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

3. Schedule C - Personal Property Division: Itemized list of personal property and their allocation between parties

4. Schedule D - Pension Information: Details of pension entitlements and division calculations

5. Schedule E - Child Care Schedule: Detailed visitation and care schedule for children, if applicable

6. Schedule F - Insurance Policies: List of all insurance policies and their disposition

7. Appendix 1 - Financial Disclosure: Sworn financial statements from both parties

8. Appendix 2 - Property Valuations: Professional valuations of significant assets

9. Appendix 3 - Tax Documentation: Relevant tax returns and documentation

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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