A Divorce Agreement is a crucial document in German divorce proceedings, required when couples seek to formally end their marriage and establish legally binding arrangements for their post-divorce life. This document is particularly significant under German law as it must address specific mandatory elements such as the Versorgungsausgleich (pension rights equalization) and comply with strict legal requirements outlined in the German Civil Code (BGB). The agreement typically comes into play either during divorce proceedings or as part of a pre-filing settlement, and must be reviewed by a German family court. It serves multiple purposes: documenting the parties' mutual consent to divorce terms, establishing legally enforceable obligations, and providing a clear framework for post-divorce arrangements. The document's complexity often requires input from legal professionals familiar with German family law and may need to be coordinated with other jurisdictions if international elements are involved.
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1. Parties: Identification of both spouses including full legal names, addresses, and birth dates
2. Background: Details of the marriage including date and place of marriage, date of separation, and basic grounds for divorce
3. Definitions: Key terms used throughout the agreement
4. Declarations and Acknowledgments: Statements confirming independent legal advice, full disclosure, and voluntary execution of the agreement
5. Divorce Proceedings: Agreement to proceed with divorce and specific court details
6. Division of Matrimonial Property: Comprehensive arrangement for division of assets and liabilities
7. Pension Rights Equalization: Arrangements for Versorgungsausgleich (mandatory under German law)
8. Spousal Maintenance: Details of any ongoing maintenance payments or mutual waiver of maintenance rights
9. Tax Provisions: Arrangements regarding tax obligations and filings
10. Final Provisions: Governing law, severability, and entire agreement clauses
1. Child Custody and Access: Required if the couple has minor children - details custody arrangements and visitation schedules
2. Child Support: Required if the couple has minor children - specifies child support payments and additional expenses
3. Matrimonial Home: Required if there is shared property - arrangements for the family home
4. Business Interests: Required if either party owns business assets - arrangements for business interests
5. International Assets: Required for couples with foreign assets - specific provisions for international property
6. Inheritance Rights: Optional section waiving potential inheritance rights
7. Future Dispute Resolution: Optional mechanisms for resolving future disputes
8. Insurance Policies: Required if there are joint insurance policies - arrangements for life, health, or other insurance
1. Schedule A - Asset List: Detailed inventory of all matrimonial assets with agreed values
2. Schedule B - Liability List: Comprehensive list of all joint and individual debts
3. Schedule C - Pension Information: Details of all pension and retirement accounts subject to equalization
4. Schedule D - Property Documents: Copies of property valuations and ownership documents
5. Schedule E - Financial Disclosure: Detailed financial statements from both parties
6. Appendix 1 - Parenting Plan: Detailed arrangements for child custody and access if applicable
7. Appendix 2 - Child Support Calculations: Detailed calculations of child support obligations if applicable
8. Appendix 3 - Business Valuations: Professional valuations of any business interests if applicable
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