The Post Divorce Settlement Agreement is a crucial legal instrument used in German family law context to formalize arrangements between divorced spouses after their divorce has been finalized. It is particularly important when parties need to establish clear terms regarding property division, financial settlements, and ongoing obligations that weren't fully addressed in the divorce decree or require more detailed elaboration. This document is governed by the German Civil Code (BGB) and related legislation, including the Pension Rights Equalization Act (Versorgungsausgleichsgesetz). It serves as a comprehensive contract that can address various aspects such as property division, pension rights, maintenance payments, and tax implications, providing legal certainty and preventing future disputes. The agreement is especially relevant when significant assets are involved or when complex financial arrangements need to be documented.
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1. Parties: Identification of the former spouses, including full legal names, addresses, and any other relevant contact information
2. Background: Details of the marriage, divorce decree, and context for this settlement agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Property Division: Comprehensive arrangement for the division of marital property, including real estate, vehicles, household items, and personal belongings
5. Financial Settlements: Details of any lump sum payments, transfer of assets, or other financial arrangements between the parties
6. Pension Rights Equalization: Arrangements for the division of pension entitlements (Versorgungsausgleich) acquired during marriage
7. Mutual Release: Statement that both parties release each other from all other claims arising from the marriage
8. Tax Provisions: Arrangements regarding tax implications and responsibilities
9. Governing Law: Specification that the agreement is governed by German law
10. Severability: Clause stating that if any provision is found invalid, the remainder of the agreement remains in effect
11. Entire Agreement: Confirmation that this document represents the complete agreement between the parties
12. Execution: Details of how and when the agreement is to be signed and take effect
1. Spousal Maintenance: Terms of any ongoing maintenance payments between former spouses, used when maintenance has been agreed upon
2. Child Arrangements: Details regarding custody, access, and child support, included when the parties have children
3. Business Interests: Arrangements regarding any shared business interests or professional practices, included when relevant
4. Debt Division: Allocation of responsibility for existing debts, included when there are significant shared debts
5. Insurance Provisions: Arrangements regarding life, health, or other insurance policies, included when insurance matters need to be addressed
6. Real Estate Management: Specific arrangements for managing jointly owned properties, included when parties continue to share property ownership
7. Future Dispute Resolution: Procedures for resolving future disputes, included when parties want to specify mediation or other resolution methods
8. International Aspects: Additional provisions for international elements, included when one party lives or plans to live abroad
1. Schedule A - Property Inventory: Detailed list of all marital property being divided, including values and allocation
2. Schedule B - Financial Disclosure: Comprehensive disclosure of both parties' financial positions
3. Schedule C - Pension Details: Details of pension entitlements and their agreed division
4. Schedule D - Payment Schedule: Timeline and details of any agreed payments or transfers
5. Schedule E - Real Estate Details: Property descriptions, valuations, and transfer arrangements
6. Appendix 1 - Divorce Decree: Copy of the divorce decree (Scheidungsurteil)
7. Appendix 2 - Valuation Reports: Any professional valuations of property, businesses, or other assets
8. Appendix 3 - Supporting Documents: Relevant certificates, titles, or other supporting documentation
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