Uncontested Divorce Agreement for Germany

Uncontested Divorce Agreement Template for Germany

A comprehensive legal document governed by German law that formalizes the mutual agreement between spouses to dissolve their marriage and settle all related matters. This agreement, drafted under the provisions of the German Civil Code (BGB), covers mandatory elements including property division, pension rights equalization (Versorgungsausgleich), and financial settlements. It serves as the foundation for the court's divorce decree in uncontested cases, requiring compliance with German family law requirements including the mandatory one-year separation period. The document addresses all aspects of the divorce settlement, from basic biographical information to complex financial arrangements, ensuring a legally sound and mutually acceptable dissolution of marriage.

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What is a Uncontested Divorce Agreement?

The Uncontested Divorce Agreement is utilized when both spouses mutually agree to end their marriage under German law and have reached consensus on all significant matters related to their separation. This document becomes relevant after the mandatory one-year separation period required by German law and before initiating formal court proceedings. It comprehensively addresses all aspects of the divorce settlement, including property division, pension rights equalization (Versorgungsausgleich), spousal maintenance, and arrangements for children if applicable. The agreement must comply with German Civil Code (BGB) requirements and typically serves as the foundation for the court's final divorce decree. It's particularly suitable for amicable divorces where both parties have agreed on terms and seek to minimize court intervention while ensuring legal compliance and protecting both parties' interests.

What sections should be included in a Uncontested Divorce Agreement?

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

2. Background: Details of marriage date, location, separation date, and confirmation of one-year separation period as required by German law

3. Definitions: Key terms used throughout the agreement, including property categories, relevant dates, and technical terms

4. Declaration of Mutual Consent: Statement confirming both parties' agreement to divorce and that the marriage has irretrievably broken down

5. Pension Rights Equalization: Mandatory section addressing the division of pension entitlements (Versorgungsausgleich) accumulated during marriage

6. Division of Matrimonial Property: Agreement on the division of joint property and assets, including the matrimonial home

7. Financial Settlement: Details of any financial payments or settlements between the parties

8. Post-Marital Maintenance: Arrangements for any ongoing spousal support payments

9. Legal Costs: Agreement on how legal and court costs will be shared between the parties

10. Final Provisions: Governing law, jurisdiction, severability clause, and complete agreement statement

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

1. Child Custody and Access: Required when the couple has minor children, detailing custody arrangements and visitation schedules

2. Child Maintenance: Required when there are children, specifying child support amounts and payment arrangements

3. Business Interests: Needed when either spouse owns business interests that require division or consideration

4. International Assets: Required when the couple has assets in multiple countries

5. Tax Provisions: Include when there are significant tax implications to be addressed

6. Inheritance Rights: Optional section addressing any inherited assets or future inheritance expectations

7. Debt Division: Required when there are significant joint debts to be allocated

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

9. Name Change: Optional section if either party wishes to revert to a previous name

What schedules should be included in a Uncontested Divorce Agreement?

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

2. Schedule B - Pension Rights Calculation: Detailed calculation of pension rights equalization

3. Schedule C - Property Valuation Reports: Professional valuations of significant assets like real estate or businesses

4. Schedule D - Child Care Schedule: Detailed visitation and care schedule for children, if applicable

5. Schedule E - Maintenance Calculations: Detailed calculations for child and/or spousal maintenance

6. Appendix 1 - Marriage Certificate: Copy of the original marriage certificate with certified translation if needed

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

8. Appendix 3 - Financial Disclosure: Comprehensive financial statements from both parties

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
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