The After Divorce Settlement Agreement is a crucial document used in German family law practice to formalize arrangements between divorced spouses after their divorce has been granted. It is particularly important in the German legal system, where the formal division of assets and ongoing obligations must be clearly documented and legally enforceable. This agreement is typically prepared when the divorce decree has been issued and the parties need to finalize detailed arrangements regarding property division, pension rights (Versorgungsausgleich), maintenance payments, and other financial matters. The document must comply with the requirements of the German Civil Code (BGB) and related legislation, and often requires notarization to be legally effective. It serves as a comprehensive resolution of all post-divorce matters and helps prevent future disputes by clearly documenting all agreed terms.
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1. Parties: Identification and details of both former spouses, including current addresses and contact information
2. Background: Details of the marriage, divorce decree information, and reason for this settlement agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Division: Comprehensive arrangement for the division of marital property, including real estate, vehicles, and personal property
5. Financial Settlements: Details of monetary settlements, including any lump sum payments and transfer of accounts
6. Pension Rights: Arrangements for the division of pension entitlements (Versorgungsausgleich)
7. Maintenance Obligations: Terms of any ongoing maintenance payments between former spouses
8. Tax Provisions: Agreements on tax-related matters and responsibilities
9. Future Claims: Waiver of future claims and final settlement provisions
10. Governing Law: Confirmation of German law as governing law and jurisdiction
11. Execution: Signature requirements and execution details
1. Child Arrangements: Required if there are minor children - covers custody, access, and child maintenance arrangements
2. Business Interests: Required if either party owns business interests that need to be divided or addressed
3. International Assets: Required if there are assets located outside of Germany
4. Debt Division: Required if there are outstanding joint debts to be allocated
5. Insurance Arrangements: Required if there are life, health, or other insurance policies to be transferred or modified
6. Name Change Provisions: Required if either party wishes to change their name post-divorce
7. Inheritance Rights: Required if there are inheritance matters to be addressed
8. Mediation Clause: Optional clause for handling future disputes through mediation before court proceedings
1. Schedule A - Property Inventory: Detailed list of all property being divided, including values and allocation
2. Schedule B - Pension Details: Specific information about pension arrangements and calculations
3. Schedule C - Payment Schedule: Timeline and details of any installment payments or periodic financial obligations
4. Schedule D - Property Transfer Documents: Forms and documents required for property transfers
5. Appendix 1 - Asset Valuations: Professional valuations of significant assets
6. Appendix 2 - Pension Calculations: Detailed pension valuation and division calculations
7. Appendix 3 - Tax Calculations: Relevant tax implications and calculations
8. Appendix 4 - Court Orders: Copies of relevant court orders including the divorce decree
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