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Uncontested Divorce Settlement Agreement for Germany

Uncontested Divorce Settlement Agreement Template for Germany

A comprehensive legal document governed by German law that formalizes the terms and conditions of an uncontested divorce between two consenting spouses. This agreement complies with German Civil Code (BGB) requirements and includes mandatory provisions for pension rights equalization (Versorgungsausgleich), property division under the applicable matrimonial property regime, and addresses all financial, property, and personal matters between the divorcing parties. The document must conform to specific German legal requirements, including confirmation of the mandatory one-year separation period (Trennungsjahr) and can only be finalized after review and approval by a German family court.

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Uncontested Divorce Settlement Agreement

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What is a Uncontested Divorce Settlement Agreement?

The Uncontested Divorce Settlement Agreement is a crucial legal document used in German divorce proceedings when both parties agree to dissolve their marriage and its terms. It serves as a comprehensive settlement of all matrimonial matters, including mandatory elements required by German law such as the Versorgungsausgleich (pension rights equalization) and property division under the Zugewinngemeinschaft regime (community of accrued gains). This document is specifically designed for cases where spouses have reached mutual agreement on all divorce-related matters after the mandatory one-year separation period. It must be drafted in compliance with the German Civil Code (BGB) and related legislation, and requires court approval to become legally binding. The agreement typically covers property division, financial arrangements, and where applicable, child-related matters, making it a fundamental document in German family law practice.

What sections should be included in a Uncontested Divorce Settlement Agreement?

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

2. Background: Details of marriage including date and place, confirmation of separation date, and statement of intention to divorce

3. Definitions: Key terms used throughout the agreement

4. Confirmation of Separation: Declaration confirming the one-year separation period (Trennungsjahr) as required by German law

5. Grounds for Divorce: Statement confirming irretrievable breakdown (Zerr眉ttungsprinzip) and mutual consent to divorce

6. Property Division: Agreement on division of matrimonial assets under the applicable matrimonial property regime (typically Zugewinngemeinschaft)

7. Pension Rights Equalization: Mandatory section on pension rights splitting (Versorgungsausgleich) as required by German law

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

9. Tax Provisions: Agreement on handling tax matters and obligations

10. Costs: Division of legal costs and divorce proceeding expenses

11. Governing Law: Confirmation of German law application and jurisdiction

12. Final Provisions: Severability clause, entire agreement clause, and amendment provisions

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

1. Child Custody and Access: Used when the couple has minor children - details custody arrangements, visitation rights, and parental responsibilities

2. Child Support: Used when minor children are involved - details support calculations and payment arrangements

3. Spousal Maintenance: Used when post-divorce maintenance (Nachehelicher Unterhalt) is agreed upon

4. Business Interests: Used when either spouse owns business interests that need to be addressed

5. Real Estate: Used when the couple owns real property requiring division or transfer

6. Debt Division: Used when there are significant joint debts to be allocated

7. International Assets: Used when the couple has assets in multiple countries

8. Pet Custody: Used when arrangements for family pets need to be specified

What schedules should be included in a Uncontested Divorce Settlement Agreement?

1. Schedule A - Asset Inventory: Detailed list of all matrimonial assets and their agreed values

2. Schedule B - Property Division Details: Specific arrangements for division of property including timeline and method

3. Schedule C - Pension Information: Details of all pension entitlements subject to equalization

4. Schedule D - Child Arrangements: Detailed parenting plan and support calculations if applicable

5. Schedule E - Outstanding Debts: List of all joint debts and their allocation

6. Appendix 1 - Marriage Certificate: Copy of the official marriage certificate

7. Appendix 2 - Separation Evidence: Documentation proving the separation period

8. Appendix 3 - Financial Disclosures: Sworn statements of financial circumstances from both parties

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
































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