Husband Wife Separation Agreement Template for Germany

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Key Requirements PROMPT example:

Husband Wife Separation Agreement

"I need a Husband Wife Separation Agreement under German law for a couple with two minor children, joint property including a house in Munich, and shared business interests, with separation planned for March 2025."

Document background
The Husband Wife Separation Agreement is a crucial legal document used when married couples in Germany decide to live separately but are not yet pursuing divorce. This document, governed by German law and particularly the provisions of the German Civil Code (BGB), establishes legally binding arrangements for the separation period. It typically includes detailed provisions for financial support, property division, living arrangements, and pension rights equalization (Versorgungsausgleich). The agreement can be particularly important as it often serves as a foundation for eventual divorce proceedings and can help avoid future disputes. It should be drafted with consideration of German tax implications and may require notarization depending on specific provisions, especially those relating to property or pension rights.
Suggested Sections

1. Parties: Identification and details of both spouses

2. Background: Marriage date, separation date, and relevant circumstances leading to separation

3. Definitions: Key terms used throughout the agreement

4. Living Arrangements: Provisions regarding the matrimonial home and living separation

5. Maintenance and Support: Terms of financial support between spouses during separation

6. Division of Property: Agreement on division of matrimonial assets and debts

7. Pension Rights: Terms of pension rights equalization (Versorgungsausgleich)

8. Tax Matters: Agreement on tax arrangements and declarations during separation

9. Future Divorce Proceedings: Understanding regarding potential future divorce proceedings

10. Confidentiality: Terms regarding privacy and disclosure of agreement details

11. Governing Law: Confirmation of German law application and jurisdiction

12. General Provisions: Severability, entire agreement, and amendment provisions

Optional Sections

1. Children Arrangements: Used when the couple has minor children, covering custody, access, and support

2. Business Interests: Required when either spouse owns business assets or shares

3. International Assets: Needed when couple has properties or investments in other countries

4. Pets: Used when arrangements need to be made for family pets

5. Inheritance Rights: Optional section addressing any inheritance rights or expectations

6. Insurance Policies: Used when there are joint insurance policies to be addressed

7. Digital Assets: Required when dealing with joint digital assets or accounts

8. Future Dispute Resolution: Optional mechanisms for resolving future disagreements

Suggested Schedules

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

2. Schedule B - Debt List: List of all joint and individual debts and their allocation

3. Schedule C - Personal Property Division: Detailed list of personal property and items and their allocation

4. Schedule D - Maintenance Calculations: Detailed calculations and basis for maintenance payments

5. Schedule E - Pension Information: Details of pension rights and calculation of equalization

6. Appendix 1 - Property Valuations: Professional valuations of significant assets

7. Appendix 2 - Financial Disclosure: Financial statements and documentation from both parties

8. Appendix 3 - Child Support Calculations: Calculations and basis for child support (if applicable)

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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