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Official Separation Agreement Template for Germany

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Key Requirements PROMPT example:

Official Separation Agreement

"I need an Official Separation Agreement for a mutual separation effective March 1, 2025, focusing primarily on the division of our family home in Munich and pension arrangements, with both parties continuing their respective business operations independently."

Document background
The Official Separation Agreement (Trennungsvereinbarung) is a crucial legal document used in Germany when married couples decide to separate but are not yet proceeding with divorce. This agreement becomes relevant during the mandatory separation period required by German law (typically one year) before a divorce can be finalized. It provides a structured framework for managing the practical and legal aspects of separation, including financial arrangements, property use, and family responsibilities. The document must comply with German Civil Code (BGB) requirements and can be particularly important in protecting both parties' rights during the separation period. It typically includes detailed provisions for living arrangements, financial support, asset management, and if relevant, child custody and access arrangements. The agreement can later serve as a foundation for divorce proceedings and may influence the final divorce settlement.
Suggested Sections

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

2. Background: Information about the marriage, including date and place of marriage, date of separation, and current living situation

3. Definitions: Key terms used throughout the agreement, ensuring clear interpretation of all provisions

4. Living Arrangements: Details of physical separation, including who remains in the marital home and any temporary arrangements

5. Financial Provisions: Overview of how shared finances will be handled during separation, including bank accounts and regular expenses

6. Spousal Maintenance: Terms of any financial support between spouses during separation (Getrenntlebensunterhalt)

7. Division of Property: Preliminary arrangement for the use and division of joint property during separation

8. Household Items: Distribution and use of household goods and personal effects during separation

9. Tax Matters: Agreements on tax filing status and allocation of tax benefits during separation

10. Duration and Review: Period of validity for the agreement and circumstances under which it may be reviewed

11. Governing Law: Confirmation that the agreement is governed by German law and jurisdiction

12. Severability Clause: Standard clause ensuring partial invalidity doesn't void entire agreement

Optional Sections

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

2. Pension Rights: Include when spouses have significant pension assets requiring preliminary arrangements

3. Business Interests: Required when spouses have joint business interests or shared commercial properties

4. Pets: Include when arrangements need to be made for care and custody of family pets

5. Debt Management: Include when there are significant joint debts requiring management during separation

6. Insurance Policies: Required when there are joint insurance policies needing interim arrangements

7. International Assets: Include when couples have assets in multiple countries requiring special consideration

8. Communication Protocol: Optional section for high-conflict situations specifying how parties will communicate

Suggested Schedules

1. Schedule A - Financial Disclosure: Detailed list of all assets, liabilities, and income of both parties

2. Schedule B - Household Inventory: Comprehensive list of household items and their agreed allocation

3. Schedule C - Child Care Schedule: Detailed parenting time schedule and specific arrangements for children

4. Schedule D - Expense Allocation: Breakdown of how regular expenses will be shared during separation

5. Schedule E - Property Details: Detailed information about real estate and agreements for use/maintenance

6. Appendix 1 - Contact Information: List of important contacts including lawyers, mediators, and other relevant parties

7. Appendix 2 - Important Documents: List of important documents and their locations

8. Appendix 3 - Payment Schedule: Detailed schedule of any regular payments agreed between parties

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

Relevant legal definitions







































Clauses































Relevant Industries

Legal Services

Financial Services

Real Estate

Insurance

Professional Services

Healthcare

Education

Public Sector

Social Services

Banking

Family Services

Relevant Teams

Legal

Human Resources

Finance

Compliance

Social Services

Client Relations

Administrative Support

Benefits Administration

Risk Management

Document Management

Relevant Roles

Family Law Attorney

Legal Counsel

Mediator

Notary

Tax Advisor

Financial Planner

Family Court Judge

Social Worker

Human Resources Director

Benefits Administrator

Pension Administrator

Family Therapist

Real Estate Agent

Insurance Advisor

Wealth 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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