Notarial Cohabitation Agreement Template for Germany

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Key Requirements PROMPT example:

Notarial Cohabitation Agreement

"I need a Notarial Cohabitation Agreement under German law for a couple where one partner owns a successful business and significant pre-existing assets, while the other partner will be moving from France to live together in Munich starting March 2025."

Document background
A Notarial Cohabitation Agreement is essential for unmarried couples living together in Germany who wish to establish clear legal frameworks for their relationship. This document becomes particularly important because German law does not provide the same automatic protections to cohabiting couples as it does to married couples. The agreement must be executed as a notarized document (notarielle Urkunde) to ensure its validity under German law. It typically addresses critical aspects such as property division, financial responsibilities, living arrangements, and potential separation scenarios. The document requires careful consideration of various legal aspects including property law, civil law, and social security implications. By creating a Notarial Cohabitation Agreement, partners can prevent future disputes and ensure their rights are protected in various situations, including relationship breakdown or death of a partner.
Suggested Sections

1. Parties: Identification and details of the cohabiting partners

2. Background: Context of the relationship and purpose of the agreement

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

4. Duration and Termination: Terms regarding the duration of the agreement and conditions for termination

5. Living Arrangements: Details of shared residence and housing responsibilities

6. Financial Arrangements: Management of joint finances, accounts, and expenses

7. Property Rights: Treatment of individually and jointly owned property

8. Debts and Liabilities: Handling of existing and future debts

9. Dispute Resolution: Process for resolving disagreements

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

11. Severability: Standard clause ensuring partial invalidity doesn't void entire agreement

Optional Sections

1. Children: Arrangements regarding existing or future children (when applicable)

2. Business Interests: Provisions for shared business interests or professional collaboration

3. Inheritance Rights: Special provisions regarding inheritance (when desired)

4. Pets: Arrangements regarding pet ownership and care

5. Power of Attorney: Mutual powers of attorney for specific situations

6. Insurance: Provisions regarding life, health, or property insurance

7. Intellectual Property: Provisions for shared intellectual property rights

8. Vehicle Ownership: Arrangements regarding jointly owned vehicles

Suggested Schedules

1. Schedule A - Property Inventory: Detailed list of individual and joint property at time of agreement

2. Schedule B - Financial Statement: Current financial position of both parties

3. Schedule C - Household Expenses: Breakdown of shared household expenses and contribution arrangements

4. Schedule D - Property Documentation: Copies of property titles, rental agreements, or mortgage documents

5. Schedule E - Debt Schedule: List of existing individual and joint debts

6. Appendix 1 - Contact Information: Detailed contact information for both parties and important contacts

7. Appendix 2 - Asset Valuation Reports: Professional valuations of significant assets (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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