The Divorce Waiver (Verzichtserklärung) is a crucial document in German family law, typically used either before marriage or during marriage but before divorce proceedings commence. It enables spouses to formally waive certain statutory rights they would otherwise be entitled to under German divorce law. The document must comply with strict German legal requirements, including mandatory notarization and specific formal elements prescribed by the German Civil Code (BGB). It commonly addresses aspects such as spousal maintenance, property division, and pension rights. This type of agreement is particularly relevant when spouses wish to create clarity about their financial arrangements in case of divorce, especially in situations involving significant assets, business interests, or international elements. The document must be carefully drafted to ensure it meets all legal requirements and cannot be easily challenged for being against public policy or unfair to either party.
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1. Parties: Identification of both spouses including full legal names, addresses, and birth dates
2. Background: Details of the marriage, including date and place of marriage, current status, and context for the waiver
3. Definitions: Clear definitions of key terms used in the waiver, including specific rights being waived
4. Scope of Waiver: Detailed description of which rights are being waived, including maintenance, property division, pension rights, etc.
5. Voluntary Declaration: Express statement that the waiver is being made voluntarily and without coercion
6. Acknowledgment of Effects: Confirmation that both parties understand the legal implications of the waiver
7. Independent Legal Advice: Confirmation that both parties have received or had the opportunity to receive independent legal advice
8. Governing Law: Specification that the waiver is governed by German law
9. Severability: Provision stating that if any part of the waiver is found invalid, the remainder remains in effect
10. Execution: Requirements for proper execution, including notarization statement
1. Property Specifications: Detailed listing of specific property or assets covered by the waiver, used when certain assets need special treatment
2. Pension Rights: Specific provisions regarding pension equalization (Versorgungsausgleich), needed if pension rights are being waived
3. Time Limitations: Any temporal restrictions on the waiver, used when the waiver is not intended to be permanent
4. Conditions Precedent: Any conditions that must be met before the waiver becomes effective
5. Revocation Rights: Terms under which the waiver might be revoked, if applicable
6. Language Declaration: Required when one party's native language is not German, confirming understanding of the document
1. Schedule A - Asset List: Comprehensive list of assets affected by the waiver
2. Schedule B - Pension Details: Details of pension entitlements being waived
3. Schedule C - Independent Legal Advice Certificates: Certificates from lawyers confirming provision of independent legal advice
4. Appendix 1 - Marriage Certificate: Copy of the marriage certificate
5. Appendix 2 - Property Valuations: If relevant, professional valuations of significant assets affected by the waiver
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