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Mutual Divorce Agreement for Germany

Mutual Divorce Agreement Template for Germany

This document is a comprehensive legal agreement governed by German law that facilitates the mutual dissolution of marriage between two consenting parties. It adheres to the requirements of the German Civil Code (BGB) and associated legislation, particularly focusing on the mandatory one-year separation period and equitable division of assets. The agreement covers essential aspects including property division, maintenance obligations, pension rights equalization (Versorgungsausgleich), and where applicable, child custody and support arrangements. It serves as a foundational document for the court proceedings and provides a clear framework for the post-divorce relationship between the parties.

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Mutual Divorce Agreement

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What is a Mutual Divorce Agreement?

The Mutual Divorce Agreement is a crucial legal document used in German divorce proceedings when both spouses consent to dissolve their marriage. It is typically prepared after the mandatory one-year separation period required by German law and before initiating formal court proceedings. This comprehensive agreement addresses all aspects of the divorce settlement, including property division, spousal support, pension rights equalization (Versorgungsausgleich), and if applicable, child custody and support arrangements. The document must comply with the German Civil Code (BGB) and related legislation, requiring careful consideration of both parties' rights and obligations. It serves as a foundation for the court's divorce decree and helps streamline the legal process by demonstrating the spouses' mutual understanding and agreement on all relevant matters. This agreement is particularly valuable in amicable divorces where parties wish to maintain control over their settlement terms while ensuring legal compliance.

What sections should be included in a Mutual Divorce Agreement?

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

2. Background: Brief history of the marriage, date of separation, and mutual intention to divorce

3. Definitions: Key terms used throughout the agreement

4. Acknowledgment of Separation: Formal recognition of the one-year separation period required under German law

5. Grounds for Divorce: Statement of irretrievable breakdown of marriage and mutual consent

6. Division of Matrimonial Property: Agreement on the division of joint assets and liabilities

7. Maintenance and Support: Arrangements for any spousal support or maintenance payments

8. Pension Rights Equalization: Agreement on the division of pension entitlements (Versorgungsausgleich)

9. Tax Provisions: Agreements regarding tax obligations and arrangements

10. Mutual Release: Waiver of future claims against each other except as provided in the agreement

11. Governing Law: Confirmation that the agreement is governed by German law

12. Execution and Effect: Terms regarding the signing and implementation of the agreement

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

1. Child Custody and Support: Required if the couple has minor children - arrangements for custody, visitation, and child support

2. Family Home: Include if there is jointly owned real estate or ongoing residential arrangements to be settled

3. Business Interests: Required if the spouses have joint business interests or shared commercial properties

4. Inheritance Rights: Include if there are specific arrangements regarding inheritance or life insurance policies

5. International Assets: Required if the couple has assets in multiple countries

6. Pet Custody: Include if there are arrangements needed for family pets

7. Future Dispute Resolution: Optional mechanism for resolving future disagreements about the agreement

8. Name Change: Include if either party wishes to change their married name

What schedules should be included in a Mutual Divorce Agreement?

1. Schedule A - Asset List: Detailed inventory of all matrimonial assets with agreed values

2. Schedule B - Liability List: Comprehensive list of all joint debts and liabilities

3. Schedule C - Division Schedule: Specific allocation of assets and liabilities between parties

4. Schedule D - Pension Details: Details of pension entitlements and agreed division

5. Appendix 1 - Child Care Schedule: Detailed visitation and care arrangements for children if applicable

6. Appendix 2 - Support Calculation: Detailed calculations for child and/or spousal support payments

7. Appendix 3 - Property Valuations: Professional valuations of significant assets

8. Appendix 4 - Tax Documentation: Relevant tax information and arrangements

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
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