Marital Settlement Agreement Template for Germany

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Key Requirements PROMPT example:

Marital Settlement Agreement

"I need a Marital Settlement Agreement in German and English for an international couple with two minor children, where one spouse will relocate to Austria, including provisions for cross-border custody arrangements and division of property in both countries."

Document background
The Marital Settlement Agreement is a crucial document in German divorce proceedings, used when married couples decide to legally terminate their marriage and need to formalize all aspects of their separation. It's particularly important in Germany due to the specific requirements of the German Civil Code (BGB) and related family law provisions. The agreement comprehensively addresses property division, financial settlements, pension rights compensation (Versorgungsausgleich), maintenance obligations, and, where applicable, child-related matters. It must be drafted with careful consideration of German family law requirements and typically requires notarization. The document serves multiple purposes: it provides clarity to the divorcing parties, forms the basis for the court's divorce decree, and helps prevent future disputes by clearly documenting all agreed terms. It's essential for both amicable divorces and more complex cases where significant assets or international elements are involved.
Suggested Sections

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

2. Background: Information about the marriage, including date and place of marriage, separation date, and reason for divorce

3. Definitions: Definitions of key terms used throughout the agreement

4. Divorce Proceedings: Agreement regarding the filing and handling of divorce proceedings

5. Property Division: Comprehensive arrangement for the division of marital property and assets

6. Matrimonial Home: Arrangements regarding the family home, including ownership, sale, or transfer

7. Financial Provisions: Details of financial settlements, including bank accounts, investments, and other financial assets

8. Pension Rights Compensation: Agreement on the division of pension entitlements (Versorgungsausgleich)

9. Maintenance and Support: Arrangements for any ongoing maintenance payments between spouses

10. Tax Provisions: Agreement on handling tax matters and obligations

11. General Provisions: Standard clauses including governing law, jurisdiction, and amendment procedures

12. Execution: Signature requirements and notarization provisions

Optional Sections

1. Child Custody and Access: Arrangements for child custody, visitation, and parental responsibility - included when the couple has children

2. Child Support: Details of child maintenance payments and additional expenses - included when the couple has children

3. Business Interests: Arrangements regarding jointly owned businesses or business interests - included when applicable

4. International Aspects: Provisions dealing with international property or cross-border issues - included for international couples

5. Pets: Arrangements for pet custody and care - included when the couple has pets

6. Inheritance Rights: Mutual waiver of inheritance rights - included when parties wish to explicitly address inheritance

7. Insurance Policies: Arrangements regarding life, health, or other insurance policies - included when applicable

8. Debt Division: Detailed arrangements for handling joint debts - included when there are significant debts to address

Suggested Schedules

1. Schedule A - Property Inventory: Detailed list of all marital property and agreed division

2. Schedule B - Financial Assets: List of bank accounts, investments, and other financial assets with agreed distribution

3. Schedule C - Personal Property: Inventory and division of personal belongings and household items

4. Schedule D - Real Estate: Details of all real estate properties and their disposition

5. Schedule E - Pension Information: Details of pension entitlements and agreed division

6. Appendix 1 - Child Care Schedule: Detailed visitation and care schedule for children (if applicable)

7. Appendix 2 - Support Calculations: Detailed calculations for maintenance and support payments

8. Appendix 3 - Debt Schedule: List of all joint debts and liabilities with agreed allocation

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

Relevant legal definitions
Relevant Industries

Legal Services

Financial Services

Real Estate

Insurance

Banking

Family Services

Social Services

Public Administration

Professional Services

Relevant Teams

Legal

Family Law

Contract Management

Document Processing

Dispute Resolution

Compliance

Client Services

Advisory Services

Wealth Management

International Legal Affairs

Relevant Roles

Family Law Attorney

Legal Counsel

Notary

Mediator

Paralegal

Legal Document Specialist

Family Court Judge

Legal Assistant

Tax Advisor

Wealth Manager

Family Law Consultant

Social Worker

Pension Rights Specialist

Real Estate Attorney

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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