Separation Settlement Agreement for Germany

Separation Settlement Agreement Template for Germany

A German law-governed Separation Settlement Agreement (Trennungsvereinbarung) is a comprehensive legal document that formalizes the terms and conditions of a married couple's separation prior to or instead of divorce. This agreement, regulated under the German Civil Code (BGB), establishes legally binding arrangements for living situations, financial support, property division, and if applicable, child custody and access rights. It addresses crucial aspects such as spousal maintenance, pension rights adjustments (Versorgungsausgleich), and tax implications, while ensuring compliance with German family law requirements and providing a framework for the couple's rights and obligations during their separation period.

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What is a Separation Settlement Agreement?

The Separation Settlement Agreement (Trennungsvereinbarung) is a crucial document under German family law, typically used when married couples decide to live separately but have not yet decided to divorce or wish to formalize their separation arrangements. This document becomes relevant when spouses need to establish clear legal and practical arrangements for their separation period, which is often required before proceeding with divorce under German law (typically one year of separation is required). The agreement covers essential aspects such as financial support, property division, living arrangements, and if applicable, child custody and access rights. It must comply with German Civil Code (BGB) requirements and often requires notarization to be fully effective. The document serves as a roadmap for the separation period and can later form the basis for a divorce settlement if the couple proceeds to divorce.

What sections should be included in a Separation Settlement Agreement?

1. Parties: Identification and details of both spouses

2. Background: Details of marriage, date of separation, and current living situation

3. Definitions: Key terms used throughout the agreement

4. Separation Declaration: Formal declaration of separation and intention to live apart

5. Living Arrangements: Details of who will occupy the matrimonial home and any temporary arrangements

6. Financial Support: Terms of spousal maintenance and financial obligations

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

8. Pension Rights: Arrangements for pension splitting (Versorgungsausgleich)

9. Tax Matters: Agreement on tax declarations and distributions

10. Future Claims: Waiver of future claims subject to German law restrictions

11. Confidentiality: Terms regarding privacy and disclosure of agreement details

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

13. Severability: Standard clause on validity of remaining provisions if parts are invalid

14. Amendments: Process for making changes to the agreement

15. Execution: Signing requirements and effective date

What sections are optional to include in a Separation Settlement Agreement?

1. Child Arrangements: Used when the couple has children - covers custody, access, and child support

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

3. International Assets: Needed when couple has assets in multiple countries

4. Pets: Arrangements for care and custody of family pets

5. Medical Insurance: Arrangements for continued health insurance coverage

6. Intellectual Property: Required when spouses have joint IP rights or creative works

7. Social Media: Guidelines for social media behavior and privacy during separation

8. Future Divorce Proceedings: Framework for eventual divorce proceedings if contemplated

9. Mediation Clause: Procedure for resolving future disputes through mediation

10. Religious Aspects: Required for couples needing to address religious marriage obligations

What schedules should be included in a Separation Settlement Agreement?

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

2. Schedule B - Debt Schedule: List of all joint and individual debts with payment responsibilities

3. Schedule C - Household Items: Detailed division of household contents and personal effects

4. Schedule D - Banking Arrangements: List of joint accounts and agreed actions

5. Schedule E - Insurance Policies: Details of life, health, and property insurance arrangements

6. Schedule F - Property Documents: Copies of property titles and transfer documents

7. Schedule G - Pension Information: Details of pension arrangements and calculations

8. Schedule H - Child Support Calculations: Detailed calculations of child support payments if applicable

9. Appendix 1 - Financial Disclosure: Financial statements from both parties

10. Appendix 2 - Legal Notifications: Copies of legal notices and court documents if any

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

Jurisdiction

Germany

Publisher

Genie AI

Cost

Free to use
Relevant legal definitions
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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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