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Financial Affidavit For Divorce for Germany

Financial Affidavit For Divorce Template for Germany

A Financial Affidavit for Divorce is a comprehensive legal document required under German family law that provides a detailed disclosure of a spouse's complete financial situation during divorce proceedings. This sworn statement, governed by German civil law and court procedures, includes detailed information about income, expenses, assets, liabilities, and other financial obligations. The document serves as a crucial tool for German courts in determining fair division of marital property, alimony, and child support payments, while complying with German legal requirements for financial transparency in divorce cases.

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What is a Financial Affidavit For Divorce?

The Financial Affidavit For Divorce is a critical document required by German family courts during divorce proceedings. It must be completed by both spouses separately and serves as a sworn statement of their complete financial situation. This document is fundamental to the German divorce process, where full financial disclosure is mandatory under the German Civil Code (Bürgerliches Gesetzbuch). The affidavit includes detailed information about income sources, monthly expenses, assets, liabilities, insurance policies, and retirement accounts. It forms the basis for court decisions regarding property division (Zugewinngemeinschaft), spousal support (Unterhalt), and child support (Kindesunterhalt). The document must be accurately completed and verified, as false statements can result in legal penalties under German law.

What sections should be included in a Financial Affidavit For Divorce?

1. Personal Information: Declaration of personal details including name, address, date of birth, occupation, and marriage details

2. Employment Information: Current employment status, employer details, position, and length of employment

3. Income Declaration: Comprehensive breakdown of all income sources including salary, bonuses, rentals, investments, and other income

4. Monthly Living Expenses: Detailed listing of all regular monthly expenses including housing, utilities, insurance, food, transportation, etc.

5. Assets: Complete listing of all assets including real estate, vehicles, bank accounts, investments, and personal property

6. Liabilities: All current debts and financial obligations including mortgages, loans, credit cards, and other debts

7. Insurance Coverage: Details of all insurance policies including health, life, property, and vehicle insurance

8. Retirement Accounts: Information about pension plans, retirement accounts, and other retirement benefits

9. Certification: Sworn statement of accuracy and completeness of the information provided

What sections are optional to include in a Financial Affidavit For Divorce?

1. Business Interests: Required if either party owns or has interest in any business entities, including detailed financial information about the business

2. International Assets: Required if any assets are held outside of Germany, including foreign bank accounts, properties, or investments

3. Children's Expenses: Required if there are dependent children, detailing all child-related expenses and support obligations

4. Healthcare Costs: Required if there are significant ongoing medical expenses or special healthcare needs

5. Inherited Assets: Required if any significant inheritances have been received during the marriage or are expected

6. Educational Expenses: Required if either party or dependents have significant educational expenses or loans

7. Anticipated Changes: Required if there are known future changes in income, expenses, or financial circumstances

What schedules should be included in a Financial Affidavit For Divorce?

1. Schedule A - Income Documentation: Copies of pay stubs, tax returns, and other income verification documents for the past 3 years

2. Schedule B - Bank Statements: Copies of all bank account statements for the past 12 months

3. Schedule C - Asset Valuations: Professional appraisals or valuations of significant assets including real estate and vehicles

4. Schedule D - Debt Documentation: Copies of mortgage statements, loan documents, and credit card statements

5. Schedule E - Business Documentation: Business financial statements, tax returns, and ownership documentation if applicable

6. Schedule F - Insurance Policies: Copies of all current insurance policies and statements

7. Schedule G - Retirement Account Statements: Documentation of all retirement accounts and pension benefits

8. Appendix 1 - Supporting Documents: Additional supporting documentation including receipts, invoices, and financial records

9. Appendix 2 - Tax Documents: Copies of tax assessments and returns for the past 3 years

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

Document Type

Affidavit

Cost

Free to use
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