The Cohabitation Agreement For Married Couples is a vital legal document used in Germany to establish clear parameters for married couples living together. It becomes particularly relevant when couples wish to formalize their living arrangements beyond the standard provisions of German marriage law. The agreement typically covers property division, financial responsibilities, household expenses, and various practical aspects of shared living while ensuring compliance with German Civil Code (BGB) requirements and constitutional principles. This document is especially important for couples with significant assets, international connections, or specific needs regarding property management and financial arrangements. It must be notarized under German law to be legally binding and can be particularly useful in preventing future disputes by clearly documenting the couple's agreed arrangements.
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1. Parties: Identification and details of both spouses, including full legal names, dates of birth, and current address
2. Background: Brief context of the marriage, including date of marriage and purpose of the agreement
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Living Arrangements: Details of the shared residence, including ownership/rental status and maintenance responsibilities
5. Financial Arrangements: Day-to-day financial responsibilities, joint accounts, and expense sharing
6. Property Regime: Choice of matrimonial property regime (e.g., separation of property, community of accrued gains)
7. Individual Property: Clear designation of separately owned assets and how they will be managed
8. Joint Property: Definition and management of jointly owned assets
9. Income and Taxation: Arrangements for income sharing and tax filing choices
10. Debts and Liabilities: Management of existing and future debts, joint liabilities
11. Dispute Resolution: Process for resolving disagreements, including mediation requirements
12. Amendment Provisions: Procedures for modifying the agreement
13. Governing Law: Confirmation of German law application and jurisdiction
14. Severability: Standard clause ensuring partial invalidity doesn't void entire agreement
1. Children: Arrangements regarding existing or future children, used when couples have or plan to have children
2. Business Interests: Protection and management of business assets, used when either spouse owns a business
3. Inheritance Provisions: Special arrangements regarding inheritance rights, used when couples want to modify statutory inheritance provisions
4. Pension and Insurance: Specific arrangements for retirement and insurance benefits, used when detailed pension planning is needed
5. International Assets: Special provisions for international property or investments, used when couples have assets in multiple countries
6. Care of Relatives: Arrangements for supporting dependent relatives, used when couples have care responsibilities
7. Pets: Arrangements regarding pet ownership and care, used when couples have or plan to have pets
8. Holiday Home: Specific arrangements for holiday properties, used when couples own or plan to acquire vacation homes
1. Schedule A - Asset Inventory: Detailed list of all assets owned by each spouse at the time of agreement
2. Schedule B - Property Details: Detailed information about real estate properties owned individually or jointly
3. Schedule C - Financial Obligations: List of existing financial commitments, loans, and regular payments
4. Schedule D - Household Budget: Agreed monthly/annual budget and expense allocation
5. Schedule E - Insurance Policies: Details of life, health, property, and other insurance policies
6. Appendix 1 - Property Documents: Copies of property titles and relevant documentation
7. Appendix 2 - Financial Statements: Recent financial statements and tax returns
8. Appendix 3 - Legal Certificates: Marriage certificate and other relevant legal documents
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