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Divorce Settlement Agreement for Germany

Divorce Settlement Agreement Template for Germany

A comprehensive legal document governed by German law that outlines the complete terms and conditions of a divorce settlement between spouses. This agreement, known in German as 'Scheidungsfolgenvereinbarung', covers all aspects of the divorce including property division, mandatory pension rights equalization (Versorgungsausgleich), spousal support, child custody and support arrangements if applicable, and the division of assets and liabilities. The document must comply with German Civil Code (BGB) requirements and typically requires notarization to be legally binding. It serves as a foundational document for the court's divorce decree and subsequent enforcement of agreed terms.

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Divorce Settlement Agreement

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What is a Divorce Settlement Agreement?

The Divorce Settlement Agreement (Scheidungsfolgenvereinbarung) is a crucial legal document used in German divorce proceedings to formalize the terms of separation between spouses. It is implemented when parties have reached mutual agreement on divorce terms and wish to document these comprehensively before proceeding with the court divorce process. The agreement must address mandatory elements under German law, including the Versorgungsausgleich (pension rights equalization), and typically covers property division, spousal support, child arrangements, and asset distribution. This document is particularly important in Germany's civil law system, where certain divorce-related matters must be explicitly addressed and documented. The agreement requires careful drafting to ensure compliance with German Civil Code (BGB) provisions and often needs notarization to be legally enforceable. It serves both as a binding contract between the parties and as a foundation document for the court's divorce proceedings.

What sections should be included in a Divorce Settlement Agreement?

1. Parties: Identification and details of both spouses, including full legal names, addresses, and birth dates

2. Background: Details of the marriage including date and place of marriage, separation date, and grounds for divorce

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

4. Divorce Proceedings: Agreement to divorce and confirmation that both parties consent to the divorce proceedings

5. Property Division: Division of matrimonial assets and debts, including real estate, vehicles, bank accounts, and other valuable items

6. Pension Rights Equalization: Mandatory arrangements for the equalization of pension rights (Versorgungsausgleich) as required by German law

7. Spousal Support: Terms and conditions of any post-divorce maintenance payments between the parties

8. Child Arrangements: Custody arrangements, visitation rights, and child support obligations if there are minor children

9. Tax Provisions: Agreement on handling tax matters and future tax liabilities

10. Final Provisions: Severability clause, governing law, and other standard closing provisions

What sections are optional to include in a Divorce Settlement Agreement?

1. Business Interests: Division or handling of business interests owned by either party, used when one or both spouses own business assets

2. International Assets: Specific provisions for assets located outside Germany, included when parties have international property or investments

3. Inheritance Rights: Waiver of inheritance rights between parties, included when parties wish to explicitly address inheritance matters

4. Educational Expenses: Provisions for children's future educational expenses, included when parties have children approaching higher education

5. Family Home: Detailed arrangements for the matrimonial home if special provisions are needed beyond basic property division

6. Insurance Policies: Arrangements regarding life, health, or other insurance policies, included when significant insurance assets exist

7. Debt Allocation: Detailed provisions for handling specific debts, included when there are significant or complex debt arrangements

8. Pets: Arrangements for pet custody and care, included when parties have pets requiring specific arrangements

What schedules should be included in a Divorce Settlement Agreement?

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 debts and liabilities with agreed allocation

3. Schedule C - Pension Information: Details of all pension and retirement accounts subject to equalization

4. Schedule D - Child Support Calculations: Detailed calculations of child support obligations based on German guidelines

5. Schedule E - Property Valuations: Professional valuations of significant assets such as real estate or businesses

6. Appendix 1 - Parenting Plan: Detailed arrangements for child custody, visitation, and co-parenting

7. Appendix 2 - Financial Disclosure: Sworn financial statements from both parties

8. Appendix 3 - Property Documentation: Copies of property titles, registration documents, and other relevant certificates

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Cost

Free to use
Relevant legal definitions








































Clauses



































Relevant Industries

Legal Services

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Client Relations

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Family Law Attorney

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Notary

Divorce Mediator

Financial Advisor

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Property Valuation Expert

Pension Rights Specialist

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Industries










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