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Partial Separation Agreement Template for Germany

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Key Requirements PROMPT example:

Partial Separation Agreement

"I need a Partial Separation Agreement under German law for a couple with international assets, where one spouse will remain in their Munich residence while the other relocates to Vienna for work from March 2025, including arrangements for their shared business interests and joint investment portfolio."

Document background
The Partial Separation Agreement (Trennungsvereinbarung) is a crucial document under German family law, typically used when married couples decide to live separately but are not yet pursuing or ready for divorce. This agreement becomes relevant during the mandatory separation period required by German law before divorce proceedings can commence (typically one year). The document addresses immediate practical concerns such as living arrangements, financial responsibilities, and child-related matters if applicable, while maintaining the legal marriage bond. It differs from a divorce settlement by focusing on temporary arrangements and preserving the flexibility to modify terms as circumstances change. The agreement must comply with German Civil Code (BGB) requirements, particularly Sections 1361-1361b regarding separation provisions, and can be either notarized or privately executed depending on the specific arrangements included.
Suggested Sections

1. Parties: Identification and details of both spouses entering into the separation agreement

2. Background: Brief history of the marriage, date of separation, and context for the agreement

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

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

5. Living Arrangements: Details of who will occupy the marital home and temporary living arrangements

6. Maintenance and Support: Provisions for spousal maintenance (Ehegattenunterhalt) during separation

7. Division of Household Items: Arrangement for division of household goods and personal property

8. Financial Provisions: Interim financial arrangements, including bill payments and joint accounts

9. Children and Parenting: If applicable, arrangements for child custody, access, and support during separation

10. Confidentiality: Provisions regarding privacy and confidentiality of the agreement

11. Governing Law: Confirmation that the agreement is governed by German law

12. Execution: Signing requirements and formal execution provisions

Optional Sections

1. Business Interests: Required when either party owns or is involved in business operations that need temporary management arrangements

2. International Assets: Needed when the couple has assets in multiple jurisdictions requiring special consideration

3. Pets: Required when arrangements need to be made for family pets during separation

4. Pension Rights: Optional section for preliminary arrangements regarding pension rights, if immediate consideration is necessary

5. Communication Protocol: Useful when parties need structured guidelines for communication during separation

6. Holiday Arrangements: Required when specific arrangements for holidays and special occasions need to be documented

7. Mediation Clause: Optional provision for using mediation to resolve any disputes during separation

8. Tax Arrangements: Required when specific tax considerations need to be addressed during separation

Suggested Schedules

1. Schedule A - Financial Disclosure: Detailed list of assets, liabilities, and income of both parties

2. Schedule B - Household Inventory: Comprehensive list of household items and their agreed division

3. Schedule C - Children's Schedule: Detailed parenting schedule and arrangements if children are involved

4. Schedule D - Maintenance Calculations: Detailed calculations for spousal and/or child maintenance payments

5. Schedule E - Property Details: Details of real estate and temporary arrangements for their use/maintenance

6. Appendix 1 - Proof of Income: Recent salary statements, tax returns, and other income documentation

7. Appendix 2 - Important Contracts: Copies of relevant contracts affecting the separation (leases, loans, etc.)

8. Appendix 3 - Communication Guidelines: Detailed protocols for communication between parties during separation

Authors

Alex Denne

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

Relevant legal definitions









































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Family Law Attorney

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Notary

Mediator

Family Court Judge

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