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Notary Separation Agreement Template for Germany

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Key Requirements PROMPT example:

Notary Separation Agreement

"I need a German Notary Separation Agreement for a couple with two minor children, including arrangements for shared custody and the division of a family business, with the separation date set for March 1, 2025."

Document background
The Notary Separation Agreement is a crucial document in German family law, typically used when married couples decide to formally separate but are not yet eligible for or ready to pursue divorce. Under German law, couples must generally be separated for one year before filing for divorce, making this agreement particularly important for managing the separation period. The document requires notarization (notarielle Beurkundung) to be legally valid and must comply with the German Civil Code (BGB) and related legislation. It comprehensively covers all aspects of the separation, from financial arrangements to property division, and can include provisions for children if applicable. The agreement serves multiple purposes: it provides legal certainty during separation, can prevent future disputes, and often serves as a foundation for subsequent divorce proceedings. The involvement of a German notary ensures that both parties understand their rights and obligations, and that the agreement meets all legal requirements.
Suggested Sections

1. Parties: Identification and details of both spouses, including full names, birth dates, addresses, and marriage details

2. Background: Information about the marriage, date of separation, and general intention of the parties to live separately

3. Definitions: Key terms used throughout the agreement, including specific German legal terms

4. Date of Separation: Formal declaration of the separation date (Trennungsdatum) and living arrangements

5. Matrimonial Home: Arrangements regarding the former shared residence, including who will continue to live there and any financial obligations

6. Maintenance Obligations: Details of spousal maintenance (Trennungsunterhalt) including amounts, duration, and payment terms

7. Division of Property: Agreement on the division of matrimonial assets and debts, including the matrimonial property regime (Güterstand)

8. Pension Rights: Arrangements for pension rights adjustment (Versorgungsausgleich)

9. Health Insurance: Provisions regarding health insurance coverage during separation

10. Tax Matters: Agreement on tax arrangements during separation, including filing status

11. Final Provisions: Legal effectiveness, modification requirements, and governing law clauses

Optional Sections

1. Children's Arrangements: Required if the couple has children - includes custody, access, and child support arrangements

2. Business Interests: Required if either party owns a business - arrangements for business assets and operations

3. International Assets: Required if the couple has assets in multiple countries - specific provisions for international property

4. Pets: Required if the couple has pets - arrangements for pet custody and care

5. Future Divorce Provisions: Optional section addressing potential future divorce proceedings

6. Debt Management: Required if there are significant joint debts - detailed arrangements for handling existing debts

7. Insurance Policies: Required if there are joint insurance policies - arrangements for policy maintenance or division

Suggested Schedules

1. Schedule A - Asset Register: Detailed inventory of all matrimonial assets with current values

2. Schedule B - Property Details: Specific details of real estate properties and their disposition

3. Schedule C - Financial Accounts: List of all bank accounts, investments, and financial products

4. Schedule D - Personal Property: Detailed list of personal items and their agreed division

5. Schedule E - Maintenance Calculations: Detailed calculations for spousal maintenance payments

6. Appendix 1 - Children's Arrangements: Detailed parenting plan and support calculations if applicable

7. Appendix 2 - Pension Information: Details of pension entitlements and division calculations

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Relevant Industries

Legal Services

Professional Services

Financial Services

Real Estate

Insurance

Social Services

Public Administration

Healthcare

Education

Relevant Teams

Legal

Human Resources

Employee Relations

Benefits Administration

Corporate Affairs

Compliance

Risk Management

Global Mobility

Pension Administration

Social Services

Relevant Roles

Notary

Family Lawyer

Legal Counsel

HR Manager

Employee Relations Manager

Benefits Administrator

Social Worker

Pension Administrator

Property Valuer

Financial Advisor

Insurance Advisor

Wealth Manager

Family Mediator

Corporate Counsel

Compliance Officer

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