Separation Financial Agreement Template for Germany

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Key Requirements PROMPT example:

Separation Financial Agreement

"I need a Separation Financial Agreement under German law for a couple separating as of March 1, 2025, where one spouse owns a small business and there are substantial international investments to be divided, including properties in both Germany and Austria."

Document background
The Separation Financial Agreement (Trennungsvereinbarung) is a crucial document used in German family law when spouses decide to separate but haven't yet initiated or completed divorce proceedings. This agreement is particularly important under German law as it provides a structured framework for managing financial matters during the separation period, which is often required before formal divorce proceedings can commence. The document typically includes comprehensive provisions for asset division, maintenance payments, housing arrangements, and debt allocation, all in compliance with German civil law requirements. It's especially relevant when couples wish to formalize their financial arrangements during separation, protect their individual interests, and establish clear guidelines for their financial responsibilities. The agreement must consider various aspects of German legislation, including the Bürgerliches Gesetzbuch (BGB), Versorgungsausgleichsgesetz, and relevant tax laws, often requiring notarization to ensure legal validity.
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 purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Effective Date and Duration: When the agreement takes effect and its relationship to any future divorce proceedings

5. Matrimonial Property Regime: Declaration of existing property regime (Güterstand) and any agreed changes

6. Division of Assets: Comprehensive arrangement for division of joint property and assets

7. Financial Support: Arrangements for spousal maintenance (Unterhalt), including amount, duration, and payment terms

8. Housing Arrangements: Provisions regarding the marital home, including occupancy rights and costs

9. Debt Allocation: Distribution of joint liabilities and responsibilities for existing debts

10. Bank Accounts and Financial Instruments: Arrangements for joint accounts, investments, and other financial products

11. Tax Provisions: Agreements on tax matters, including joint tax returns and tax liability allocation

12. Enforcement and Jurisdiction: Legal enforcement provisions and competent court jurisdiction under German law

13. Amendment and Severability: Provisions for future modifications and validity of individual clauses

Optional Sections

1. Children's Maintenance: Required if the couple has children - arrangements for child support and cost sharing

2. Pension Rights Equalization: Detailed arrangements for Versorgungsausgleich, if parties choose to address it during separation

3. Business Interests: Required if either party owns a business - arrangements for business assets and operations

4. Inheritance Rights: Modifications to inheritance rights during separation period

5. Insurance Arrangements: Provisions for health, life, and other insurance policies if relevant

6. Pets and Personal Property: Arrangements for pet custody and division of personal items if contested

7. Future Asset Acquisition: Treatment of assets acquired during the separation period

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

Suggested Schedules

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

2. Schedule B - Debt Schedule: Comprehensive list of all joint and individual debts with payment responsibilities

3. Schedule C - Payment Schedule: Detailed timeline and terms for any payments or transfers between parties

4. Schedule D - Property Valuations: Professional valuations of significant assets like real estate or businesses

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

6. Appendix 1 - Supporting Documents: Copies of relevant certificates, property titles, and financial statements

7. Appendix 2 - Tax Documentation: Relevant tax returns and agreements on tax matters

8. Appendix 3 - Legal Notifications: Copies of legal notices and relevant court documents if any

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
Clauses
Relevant Industries

Legal Services

Financial Services

Real Estate

Insurance

Banking

Professional Services

Family Services

Mediation Services

Notarial Services

Tax Advisory Services

Relevant Teams

Legal

Finance

Compliance

Risk Management

Advisory Services

Client Relations

Document Management

Wealth Management

Property Services

Administrative Support

Relevant Roles

Family Law Attorney

Legal Counsel

Notary

Financial Advisor

Tax Consultant

Wealth Manager

Property Valuer

Mediator

Pension Advisor

Real Estate Agent

Insurance Advisor

Banking Relationship Manager

Family Court Judge

Paralegal

Legal Administrator

Industries
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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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