The Mutual Separation Agreement Marriage is a crucial document in German family law that serves as a foundation for couples seeking to formalize their separation prior to divorce. This agreement is typically prepared when married couples decide to separate amicably and wish to document their mutual understanding regarding various aspects of their separation. It covers essential elements required under German law, including property division, financial arrangements, pension rights equalization (Versorgungsausgleich), and where applicable, child-related matters. The document must align with the German Civil Code (BGB) requirements and considers the mandatory one-year separation period before divorce. It's particularly valuable for couples who want to avoid contentious court proceedings and prefer to reach mutually acceptable terms through negotiation, often with the assistance of legal professionals or mediators.
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1. Parties: Identification and details of both spouses
2. Background: Details of marriage, date of separation, and intention to divorce
3. Definitions: Key terms used throughout the agreement
4. Separation Declaration: Formal declaration of separation and intent to maintain separate households
5. Duration of Separation: Agreement on the mandatory separation period under German law (minimum one year)
6. Division of Matrimonial Property: Terms for dividing joint property and assets according to the matrimonial property regime
7. Pension Rights Equalization: Agreement on the statutory pension rights equalization (Versorgungsausgleich)
8. Marital Home: Arrangements regarding the family home, including who will continue to live there
9. Household Items: Division of household effects and personal belongings
10. Financial Settlements: Details of any financial settlements, including maintenance payments
11. Tax Matters: Agreement on handling tax obligations and future tax returns
12. Final Provisions: Legal framework, applicable law, and severability clause
13. Signatures: Execution section with dates and signatures
1. Child Custody and Access: Required if the couple has minor children - arrangements for custody, visitation, and decision-making
2. Child Maintenance: Required if there are children - details of child support payments and additional expenses
3. Spousal Maintenance: Include if one party will provide maintenance to the other
4. Business Interests: Include if the couple has joint business interests or shared commercial property
5. Pets: Include if there are arrangements needed for family pets
6. Insurance Policies: Include if there are joint insurance policies to be divided or maintained
7. Future Communication: Include if specific communication protocols need to be established
8. Debt Division: Include if there are joint debts to be allocated
9. Foreign Assets: Include if there are assets located outside Germany
10. Inheritance Rights: Include if there are specific agreements about mutual inheritance rights post-separation
1. Schedule A - Asset Register: Comprehensive list of all matrimonial assets and their agreed division
2. Schedule B - Property Valuations: Professional valuations of real estate and significant assets
3. Schedule C - Pension Information: Details of pension entitlements and agreed division
4. Schedule D - Child Care Schedule: Detailed parenting schedule and special arrangements for holidays (if applicable)
5. Schedule E - Maintenance Calculations: Detailed calculations for any maintenance payments
6. Schedule F - Joint Debts: List of all joint debts and liabilities with agreed allocation
7. Appendix 1 - Financial Disclosure: Sworn statements of financial positions from both parties
8. Appendix 2 - Property Documents: Copies of property titles and relevant real estate documents
9. Appendix 3 - Corporate Documents: Business valuations and corporate documentation (if applicable)
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