Temporary Divorce Agreement Template for Germany

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Key Requirements PROMPT example:

Temporary Divorce Agreement

"I need a Temporary Divorce Agreement under German law for a couple with two minor children, where one spouse will be relocating internationally for work in March 2025, including provisions for virtual visitation rights and international travel consent."

Document background
The Temporary Divorce Agreement is a crucial document used in German family law during the mandatory separation period (Trennungsjahr) required before a divorce can be finalized. This document becomes necessary when married couples decide to separate with the intention of divorce, as German law requires a minimum one-year separation period to demonstrate the irretrievable breakdown of the marriage. The agreement covers essential aspects such as living arrangements, financial obligations, asset management, and where applicable, child custody and access arrangements. It serves as a bridge between marriage and divorce, providing clear guidelines and legally binding arrangements while complying with the German Civil Code (BGB). The document is particularly important as it helps prevent disputes during the separation period and can form the basis for the final divorce agreement. It must align with German family law requirements and can be modified if circumstances change during the separation period.
Suggested Sections

1. Parties: Identification and details of both spouses entering into the temporary divorce agreement

2. Background: Brief history of the marriage, date of separation, and reasons for entering into this temporary agreement

3. Definitions: Key terms used throughout the agreement including property categories, separation period, and other relevant terminology

4. Duration of Agreement: Timeframe for the temporary agreement and conditions for review or modification

5. Living Arrangements: Details of separate residences and any arrangements regarding the family home

6. Financial Arrangements: Temporary financial arrangements including bill payments, joint accounts, and daily expenses

7. Maintenance and Support: Spousal support arrangements during the separation period

8. Communication: Guidelines for communication between parties during the separation period

9. Dispute Resolution: Process for resolving any disputes that arise during the separation period

10. Modification Provisions: Procedures for modifying the agreement if circumstances change

11. Governing Law: Confirmation that the agreement is governed by German law and relevant jurisdictional details

Optional Sections

1. Child Custody and Access: Required if the couple has minor children - details temporary custody arrangements, visitation schedules, and child support

2. Shared Business Interests: Required if spouses have joint business interests - temporary management and operation arrangements

3. Pets and Animals: Required if there are pets - temporary care and access arrangements

4. Holiday and Special Occasions: Optional section for managing holidays, birthdays, and family events during separation

5. Insurance and Healthcare: Required if there are shared insurance policies or healthcare considerations

6. Debt Management: Required if there are significant shared debts - temporary arrangements for debt servicing

7. International Travel: Required if there are minor children and international travel is likely - arrangements for consent and documentation

8. Social Media and Privacy: Optional section addressing social media behavior and privacy expectations during separation

Suggested Schedules

1. Schedule A - Asset Inventory: Comprehensive list of shared assets and their temporary allocation during separation

2. Schedule B - Financial Obligations: Detailed breakdown of regular financial obligations and responsibility allocation

3. Schedule C - Child Care Schedule: Detailed parenting schedule including regular care, holidays, and special occasions (if applicable)

4. Schedule D - Household Items: Inventory and temporary allocation of household items and personal belongings

5. Schedule E - Contact Information: Important contact details including legal representatives, mediators, and emergency contacts

6. Appendix 1 - Financial Disclosure: Current financial statements and income documentation from both parties

7. Appendix 2 - Property Valuations: Current valuations of significant shared assets if relevant to temporary arrangements

8. Appendix 3 - Communication Protocol: Detailed protocol for handling communication and decision-making during separation

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
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Family Law

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Insurance

Healthcare

Education (if children involved)

Mediation Services

Notary Services

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Legal Operations

Family Law Practice

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Document Management

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Court Administration

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Family Law Attorney

Legal Counsel

Divorce Mediator

Family Court Judge

Notary

Social Worker

Financial Advisor

Child Welfare Officer

Family Therapist

Legal Administrator

Paralegal

Court Clerk

Family Law Legal Assistant

Documentation Specialist

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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