Consent Agreement Divorce Generator for Germany

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Key Requirements PROMPT example:

Consent Agreement Divorce

"I need a Consent Agreement Divorce document in German and English that includes provisions for international asset division (properties in Germany and Spain) and ensures strict confidentiality, to be finalized by March 2025."

Document background
The Consent Agreement Divorce is a vital document in German family law proceedings, used when both spouses agree to divorce and its terms. It becomes relevant after the mandatory one-year separation period required by German law and must be submitted to the family court (Familiengericht) for approval. This agreement comprehensively addresses all aspects of the divorce settlement, including property division, maintenance obligations, pension rights adjustment, and, where applicable, child-related matters. It serves as both a legally binding contract between the parties and a foundation for the court's divorce decree. The document must comply with specific requirements of German family law, particularly sections 1564-1587p of the German Civil Code (BGB), and requires both parties to have received independent legal advice. Unlike some jurisdictions, even consensual divorces in Germany must be processed through the court system, making this agreement an essential component of the formal divorce procedure.
Suggested Sections

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 as required by German law

3. Definitions: Key terms used throughout the agreement, including definitions of matrimonial property, separate property, and other relevant terms

4. Mutual Consent to Divorce: Express declaration of both parties' consent to divorce and confirmation that the marriage has irretrievably broken down

5. Property Division: Comprehensive arrangement for the division of matrimonial property (Zugewinnausgleich) and separate property

6. Pension Rights Adjustment: Agreement on the statutory pension rights adjustment (Versorgungsausgleich) or justified deviation from it

7. Maintenance Obligations: Arrangements for post-marital maintenance (nachehelicher Unterhalt), including any waivers or modifications

8. Residential Arrangements: Agreement regarding the matrimonial home and allocation of household items

9. Tax Matters: Arrangements regarding tax obligations and declarations for the current and previous tax years

10. Final Provisions: Severability clause, governing law, and confirmation that both parties received independent legal advice

Optional Sections

1. Child Custody and Support: Required if the couple has minor children, covering custody arrangements, visitation rights, and child support obligations

2. International Assets: Required if parties have assets in multiple jurisdictions, addressing specific arrangements for international property

3. Business Interests: Required if either party owns business interests, detailing the division or retention of business assets

4. Debt Allocation: Required if there are significant joint debts, specifying how existing debts will be handled

5. Insurance Policies: Required if there are joint insurance policies or beneficiary designations that need to be addressed

6. Inheritance Rights: Optional section waiving any inheritance rights that might survive divorce

7. Confidentiality: Optional section when parties wish to keep the terms of their agreement private

8. Future Dispute Resolution: Optional section specifying methods for resolving any future disputes about the agreement

Suggested Schedules

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

2. Schedule B - Property Division Details: Specific arrangements for the transfer or division of individual assets

3. Schedule C - Pension Information: Details of all pension entitlements and their agreed division

4. Schedule D - Maintenance Calculations: Detailed calculations and terms of any maintenance payments

5. Appendix 1 - Property Valuations: Professional valuations of significant assets (if applicable)

6. Appendix 2 - Financial Disclosure: Sworn statements of financial positions from both parties

7. Appendix 3 - Legal Advice Certificates: Confirmations of independent legal advice received by both parties

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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