Family Separation Agreement Template for Germany

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Key Requirements PROMPT example:

Family Separation Agreement

"I need a Family Separation Agreement under German law for a couple with two minor children, joint ownership of a family business, and international assets in both Germany and Switzerland, with the separation planned to take effect from March 1, 2025."

Document background
A Family Separation Agreement is a crucial legal document used in Germany when married couples decide to separate but haven't yet initiated or completed divorce proceedings. This document, known in German as a Trennungsvereinbarung, is particularly important given Germany's requirement for a separation period (typically one year) before divorce. The agreement comprehensively covers all aspects of the separation, including property division, financial arrangements, child custody and support, spousal maintenance, and living arrangements. It must comply with German civil law, particularly the provisions of the Bürgerliches Gesetzbuch (BGB), and can be modified to accommodate international elements when one or both parties have connections to other jurisdictions. While not mandatory, having a well-drafted Family Separation Agreement can prevent future disputes and provide clarity during the separation period, potentially simplifying subsequent divorce proceedings.
Suggested Sections

1. Parties: Identification and details of both separating spouses

2. Background: Brief history of the marriage, date of separation, and current living situation

3. Definitions: Key terms used throughout the agreement

4. Living Arrangements: Details of physical separation and living arrangements for both parties

5. Separation Period: Confirmation of separation period and intentions regarding future divorce

6. Child Custody and Care: Primary custody arrangements, decision-making rights, and parental responsibilities

7. Visitation Rights: Detailed arrangements for child visitation and access rights

8. Child Support: Financial arrangements for child maintenance according to German regulations

9. Spousal Support: Arrangements for any spousal maintenance payments

10. Division of Property: Agreement on division of matrimonial assets and debts

11. Pension Rights: Arrangements for pension equalization (Versorgungsausgleich)

12. Tax Matters: Agreement on tax arrangements and responsibilities

13. Mutual Release: Mutual release of future claims except as provided in the agreement

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

15. Modification: Procedures for modifying the agreement

16. Severability: Standard clause ensuring validity of remaining provisions if any provision is invalid

Optional Sections

1. International Travel: Used when there are international elements or frequent travel with children is expected

2. Business Interests: Required when spouses have joint business ownership or shared commercial interests

3. Pets: Included when arrangements need to be made for family pets

4. Educational Arrangements: Detailed arrangements for children's education, particularly relevant for private schooling or higher education planning

5. Religious Upbringing: Include when specific arrangements for children's religious education are needed

6. Family Home Sale: Required when the family home needs to be sold as part of the separation

7. Digital Assets: Include when there are significant digital assets or online accounts to be divided

8. Inheritance Rights: Used when specific arrangements regarding inheritance rights need to be addressed

9. Insurance Policies: Include when there are joint insurance policies that need to be addressed

10. Mediation Clause: Optional clause for handling future disputes through mediation before court proceedings

Suggested Schedules

1. Schedule A - Asset List: Comprehensive list of all matrimonial assets and their agreed division

2. Schedule B - Debt List: List of all joint debts and liabilities and their allocation

3. Schedule C - Child Care Schedule: Detailed weekly/monthly schedule for child care and visitation

4. Schedule D - Holiday Schedule: Special arrangements for holidays, vacations, and special occasions

5. Schedule E - Support Payments: Detailed breakdown of all support payments and payment schedules

6. Schedule F - Pension Details: Details of pension rights and their division

7. Appendix 1 - Property Valuations: Professional valuations of significant assets

8. Appendix 2 - Financial Disclosure: Complete financial disclosure from both parties

9. Appendix 3 - Children's Special Needs: Any special arrangements for children's medical, educational, or other needs

10. Appendix 4 - Communication Protocol: Agreed protocol for communication between parties regarding children and other matters

Authors

Alex Denne

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

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Family Law

Social Services

Financial Services

Real Estate

Insurance

Public Administration

Counseling Services

Education

Healthcare

Relevant Teams

Legal

Family Law

Dispute Resolution

Document Processing

Client Relations

Social Services

Financial Advisory

Property Management

Human Resources

Compliance

International Legal Affairs

Customer Support

Relevant Roles

Family Law Attorney

Legal Counsel

Paralegal

Mediator

Social Worker

Financial Advisor

Tax Consultant

Real Estate Agent

Insurance Advisor

Pension Advisor

Court Clerk

Notary Public

Child Psychologist

Family Counselor

Legal Document Specialist

Human Resources Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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