A Pre-Divorce Agreement is a crucial legal instrument used in German family law when married couples are contemplating separation and eventual divorce. This document serves as a comprehensive framework for managing the transition period between separation and final divorce, addressing both immediate practical concerns and long-term arrangements. It is particularly important in the German legal context, where a mandatory separation period (typically one year) is required before divorce proceedings can commence. The agreement covers essential aspects such as property division, financial obligations, living arrangements, and spousal support, while ensuring compliance with German Civil Code (BGB) requirements. For couples with children, it can include provisions for custody and support arrangements. The document must be carefully drafted to ensure it meets strict German legal requirements while remaining practical and enforceable, often requiring notarization for certain provisions to be legally binding.
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1. Parties: Identification of both spouses including full legal names, addresses, and marriage details
2. Background: Brief history of the marriage, current living situation, and purpose of the agreement
3. Definitions: Key terms used throughout the agreement including definition of separate and joint property
4. Separation Terms: Details of living arrangements, separation date, and immediate practical arrangements
5. Division of Property: Comprehensive arrangement for division of real estate, vehicles, furniture, and other assets
6. Financial Obligations: Agreement on handling joint debts, loans, and ongoing financial commitments
7. Maintenance and Support: Terms for any spousal support or maintenance payments
8. Tax Provisions: Agreement on tax matters including joint liability and future tax returns
9. Dispute Resolution: Process for resolving any future disputes about the agreement
10. Final Provisions: Legal framework, applicable law, severability clause, and amendment procedures
1. Child Arrangements: Required if the couple has children - covers custody, access, and child support arrangements
2. Pension Rights: Required if either party has significant pension assets - details the division of pension entitlements
3. Business Interests: Required if either party owns a business - arrangements for business assets and operations
4. International Assets: Required if couple has assets in multiple countries - specific provisions for international property
5. Inheritance Rights: Optional section dealing with mutual inheritance rights and any agreed modifications
6. Insurance Policies: Optional section covering life, health, or other insurance arrangements
7. Pets and Animals: Optional section detailing arrangements for family pets if applicable
8. Future Asset Division: Optional section covering division of assets acquired after separation but before divorce
1. Schedule A - Asset Inventory: Detailed list of all joint and separate assets with current valuations
2. Schedule B - Debt Schedule: Comprehensive list of all joint and separate liabilities
3. Schedule C - Property Documents: Copies of property titles, mortgage documents, and related agreements
4. Schedule D - Financial Disclosure: Financial statements and documentation from both parties
5. Schedule E - Pension Information: Details of pension schemes and projected values
6. Appendix 1 - Child Support Calculations: If applicable, detailed calculations for child support payments
7. Appendix 2 - Property Valuations: Professional valuations of significant assets
8. Appendix 3 - Tax Analysis: Analysis of tax implications of the proposed arrangements
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