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Domestic Partnership Declaration for Germany

Domestic Partnership Declaration Template for Germany

A Domestic Partnership Declaration is a formal legal document governed by German law that establishes a civil partnership between two individuals. The document outlines the mutual rights, obligations, and responsibilities of the partners under German legislation, particularly the Civil Partnership Act (Lebenspartnerschaftsgesetz) and relevant sections of the German Civil Code (BGB). It addresses various aspects including property arrangements, mutual support obligations, residence agreements, and optional provisions for healthcare decisions and international recognition. The declaration must comply with German legal requirements and may require official registration at the appropriate civil registry office (Standesamt).

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What is a Domestic Partnership Declaration?

The Domestic Partnership Declaration serves as a fundamental legal document for couples seeking to formalize their relationship under German law. While new civil partnerships (Lebenspartnerschaft) cannot be registered since the introduction of same-sex marriage in 2017, existing partnerships remain valid and may be converted to marriages. The document encompasses essential elements required by German legislation, including personal details of the partners, property arrangements, mutual obligations, and various optional provisions depending on the partners' circumstances. It's particularly relevant for international couples, as it may need to address cross-border legal implications and include certified translations. The declaration must comply with federal German law as well as specific state (Bundesland) requirements, and typically requires registration with local authorities.

What sections should be included in a Domestic Partnership Declaration?

1. Parties: Full legal names, addresses, and personal details of both partners entering into the domestic partnership

2. Background: Brief context explaining the partners' intention to enter into a domestic partnership under German law

3. Definitions: Key terms used throughout the agreement, including German legal terms with English translations

4. Declaration of Partnership: Formal statement of the partners' mutual intention to enter into a legally recognized partnership

5. Rights and Obligations: Overview of the mutual rights and obligations of the partners under German law

6. Property Regime: Declaration of the chosen property regime (üٱٲԻ) and its implications

7. Mutual Support: Partners' commitments regarding emotional and financial support

8. Residence: Agreement regarding shared residence and living arrangements

9. Governing Law: Confirmation that the partnership is governed by German law and relevant legislation

What sections are optional to include in a Domestic Partnership Declaration?

1. Children and Parental Rights: Included when either partner has children or the couple plans to have/adopt children

2. International Aspects: Required when one or both partners are non-German citizens or have assets abroad

3. Healthcare Provisions: Specific arrangements regarding medical decision-making and healthcare proxy

4. Business Interests: Included when either partner owns a business or has significant business interests

5. Religious Considerations: Added when partners wish to acknowledge religious aspects of their partnership

6. Language Provisions: Required when one partner is not fluent in German, specifying the binding language version

7. Power of Attorney: Optional mutual powers of attorney for specific matters

What schedules should be included in a Domestic Partnership Declaration?

1. Schedule A - Asset Inventory: Detailed list of assets owned by each partner at the time of declaration

2. Schedule B - Financial Obligations: List of existing financial obligations and debts of each partner

3. Schedule C - Personal Documents: Copies of identification documents, residency permits, and other relevant official documents

4. Appendix 1 - Property Agreement: Detailed agreement regarding the handling of joint and separate property

5. Appendix 2 - Healthcare Directives: Detailed healthcare and medical decision-making arrangements if opted for

6. Appendix 3 - Certified Translations: Official translations of the declaration if required for international recognition

Authors

Alex Denne

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

Jurisdiction

Germany

Publisher

Ƶ

Cost

Free to use
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