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Release Of Marital Agreement for Germany

Release Of Marital Agreement Template for Germany

A Release of Marital Agreement under German law (governed by the B眉rgerliches Gesetzbuch - BGB) is a formal legal document that facilitates the mutual release of marital rights and claims between spouses. This document serves to formally document the parties' agreement to relinquish specific rights, claims, and obligations arising from their marriage. It requires notarization under German law and must comply with strict formal requirements to be legally valid. The agreement typically addresses various aspects including property rights, maintenance claims, pension rights, and inheritance claims, while ensuring compliance with German family law provisions.

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Release Of Marital Agreement

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What is a Release Of Marital Agreement?

The Release of Marital Agreement is a crucial document used in German family law practice when spouses wish to formally relinquish certain rights and claims arising from their marriage. This document is particularly relevant during separation or divorce proceedings, or when couples wish to modify their existing marital property regime. The agreement must comply with German Civil Code (BGB) requirements and requires notarization to be legally valid. It typically includes detailed provisions about property division, maintenance claims, pension rights, and inheritance rights being released. The document should be drafted with careful consideration of both parties' interests and must include sufficient safeguards to ensure it will be upheld by German courts. Legal counsel for both parties is strongly recommended to ensure the agreement's enforceability and fairness.

What sections should be included in a Release Of Marital Agreement?

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, current status (separated/divorcing), and reference to any existing agreements

3. Definitions: Key terms used throughout the agreement, including specific legal terminology under German law

4. Purpose of Agreement: Clear statement of the agreement's purpose to release certain marital rights and claims

5. Acknowledgments: Statements confirming both parties understand their rights, have received independent legal advice, and are entering the agreement voluntarily

6. Release of Claims: Comprehensive list of rights and claims being mutually released, including property, maintenance, and inheritance rights

7. Surviving Claims: Specification of any rights or obligations that will survive this release

8. Tax Implications: Statement regarding tax consequences and responsibilities

9. Governing Law: Confirmation that German law governs the agreement and jurisdiction clauses

10. Severability: Provision ensuring partial invalidity doesn't void entire agreement

11. Execution: Signature requirements, including notarization provisions as required under German law

What sections are optional to include in a Release Of Marital Agreement?

1. Pension Rights: Specific provisions for releasing pension and retirement benefit claims, required if pension rights are being addressed

2. Child-Related Provisions: Reference to existing child arrangements and confirmation that these are not affected by the release, needed if couple has children

3. Business Interests: Specific provisions regarding release of claims to business assets, required if either party owns a business

4. International Assets: Additional provisions for assets located outside Germany, needed for international couples

5. Future Claims: Specific waiver of future inheritance or other rights, optional based on parties' wishes

6. Confidentiality: Provisions regarding privacy and non-disclosure of agreement terms, optional but recommended for high-profile couples

What schedules should be included in a Release Of Marital Agreement?

1. Schedule A - Asset Inventory: Comprehensive list of marital assets being addressed in the release

2. Schedule B - Existing Obligations: List of any ongoing obligations or liabilities being addressed

3. Schedule C - Prior Agreements: Copies or references to any existing marital agreements being modified or superseded

4. Appendix 1 - Legal Advice Certificates: Certificates confirming independent legal advice received by both parties

5. Appendix 2 - Financial Disclosure: Summary of financial information exchanged between parties

6. Appendix 3 - Translation Certificate: If agreement is bilingual, certification of translation accuracy

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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