A Marital Dissolution Agreement is a crucial document in German divorce proceedings that sets out the complete framework for ending a marriage. This agreement is particularly important in the German legal system, where certain aspects like pension rights adjustment (Versorgungsausgleich) are mandatory and must be specifically addressed. The document is used when spouses have reached mutual understanding on divorce terms and wish to formalize their arrangements in compliance with German law. It must address all financial, property, and personal matters between the parties, including asset division, maintenance obligations, and arrangements for any children. The agreement must be notarized and typically forms part of the divorce application to the family court. It serves as a binding contract between the parties and helps streamline the divorce process by clearly documenting all agreed terms in accordance with German Civil Code requirements.
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1. Parties: Identification and details of both spouses, including full legal names, addresses, and marriage details
2. Background: Information about the marriage, including date and place of marriage, separation date, and grounds for divorce
3. Definitions: Key terms used throughout the agreement
4. Divorce Proceedings: Agreement to proceed with divorce and confirmation of irretrievable breakdown
5. Property Division: Comprehensive arrangement for division of matrimonial assets and liabilities
6. Pension Rights Adjustment: Agreement on the mandatory Versorgungsausgleich (pension rights equalization)
7. Maintenance and Support: Arrangements for any spousal maintenance or waiver thereof
8. Matrimonial Home: Provisions regarding the family home, including transfer of ownership or termination of lease
9. Personal Effects: Division of household items and personal belongings
10. Tax Provisions: Arrangements regarding tax obligations and declarations
11. Final Provisions: Severability clause, governing law, and jurisdiction provisions
1. Child Arrangements: Required if the couple has minor children, covering custody, access, and child support
2. Business Interests: Required if either party owns business assets or shares that need to be divided
3. International Assets: Required if the couple has assets in multiple jurisdictions
4. Debt Allocation: Detailed section required if there are significant joint debts to be allocated
5. Insurance Policies: Required if there are joint life, health, or other insurance policies to be divided or transferred
6. Future Inheritance Rights: Optional section waiving future inheritance rights between parties
7. Name Change: Required if either party wishes to change their surname post-divorce
8. Religious Divorce: Required for couples who also need religious divorce arrangements
1. Schedule A - Asset Inventory: Comprehensive list of all matrimonial assets with agreed values and allocation
2. Schedule B - Pension Rights Details: Detailed information about pension entitlements and agreed adjustments
3. Schedule C - Property Documentation: Details of real estate properties and their agreed disposition
4. Schedule D - Debt Schedule: List of all joint debts and liabilities with agreed allocation
5. Appendix 1 - Financial Disclosure: Sworn financial statements from both parties
6. Appendix 2 - Property Valuations: Professional valuations of significant assets
7. Appendix 3 - Child Support Calculations: Detailed calculations for child support (if applicable)
8. Appendix 4 - Transfer Documents: Draft documents for transfer of property ownership or other assets
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