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Common Law Partner Agreement Template for Germany

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Key Requirements PROMPT example:

Common Law Partner Agreement

"I need a Common Law Partner Agreement that focuses on protecting my business assets and intellectual property rights, as I'm a tech startup founder moving in with my partner in Munich from March 2025."

Document background
The Common Law Partner Agreement serves as a crucial legal instrument for unmarried couples living together in Germany who wish to establish clear legal frameworks for their relationship. This document becomes particularly important because German law does not recognize common law marriages in the same way as some other jurisdictions, leaving unmarried couples without many automatic legal protections. The agreement typically covers essential aspects such as property rights, financial responsibilities, healthcare decisions, and potential separation procedures. It's designed to provide legal certainty in areas where statutory provisions for unmarried couples are limited or non-existent under German law. The document should be drafted with careful consideration of the German Civil Code (BGB) and related legislation, and while not mandatory, notarization is highly recommended for enhanced legal security.
Suggested Sections

1. Parties: Identification and full details of both partners entering into the agreement

2. Background: Context of the relationship and purpose of entering into this agreement

3. Definitions: Key terms used throughout the agreement

4. Relationship Status: Declaration of the nature of the relationship and confirmation of unmarried status

5. Living Arrangements: Details of cohabitation and shared residence responsibilities

6. Financial Arrangements: Management of shared finances, expenses, and banking arrangements

7. Property Rights: Ownership and rights regarding jointly and separately owned property

8. Separation of Assets: Clear delineation of individually owned assets and how they remain separate

9. Decision Making: Process for making joint decisions affecting the partnership

10. Healthcare and Medical Decisions: Rights and responsibilities regarding medical decisions and healthcare proxy arrangements

11. Relationship Dissolution: Process and procedures for ending the relationship and dividing assets

12. Dispute Resolution: Methods for resolving disagreements and conflicts

13. Governing Law: Confirmation that the agreement is governed by German law

Optional Sections

1. Children: Rights and responsibilities regarding existing or future children, used when partners have or plan to have children

2. Business Interests: Arrangements regarding jointly or separately owned businesses, used when either partner owns a business

3. Inheritance Provisions: Specific inheritance arrangements, used when partners wish to establish inheritance rights

4. Pets and Animals: Care and ownership of pets, used when partners have shared pets

5. Intellectual Property: Rights to intellectual property created during the relationship, used for creative professionals or business owners

6. International Aspects: Special provisions for international couples or assets, used when partners have international connections

7. Power of Attorney: Mutual powers of attorney for specific matters, used when partners want to grant each other legal authority

8. Social Media and Privacy: Guidelines for social media presence and privacy, used when partners want to establish boundaries regarding public presence

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all assets owned by each partner at the time of agreement

2. Schedule B - Financial Obligations: List of existing debts and financial obligations of each partner

3. Schedule C - Household Expenses: Breakdown of shared household expenses and contribution arrangements

4. Schedule D - Property Documentation: Copies of property titles, leases, and related documents

5. Appendix 1 - Contact Information: Emergency contacts and important contact information for both partners

6. Appendix 2 - Medical Information: Relevant medical information and healthcare preferences

7. Appendix 3 - Financial Accounts: List of bank accounts, investments, and other financial accounts

8. Appendix 4 - Personal Items Inventory: Detailed list of personal items and their agreed ownership

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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