When a marriage breaks down, it is rarely a pleasant experience. To ensure that the separation proceeds as amicably as possible during this already emotionally stressful time, it is therefore advisable to consider a divorce settlement agreement.
This agreement precisely defines the legal terms of the divorce, which can at least minimize the bureaucratic burden that typically accompanies the dissolution of a marriage. The following sections explain exactly how such an agreement is structured and how it can help you if the need arises.
In general, the divorce settlement agreement serves primarily to provide financial security for both spouses. It can still be drawn up even after the separation has already taken place.
If there are children in common, such an agreement is particularly important for keeping the financial consequences of the divorce within reasonable limits and ensuring a decent standard of living for everyone involved.
The more issues that can be resolved jointly and amicably in the agreement, the shorter any disputes during the divorce proceedings will be. You also won’t be dependent on the decisions of the competent family court.
Divorce or Separation Agreement?
The so-called separation agreement can be viewed as a preliminary step toward a divorce settlement agreement. It defines provisions that apply during the period when the couple is merely separated.
The divorce settlement agreement, on the other hand, pertains to the period following the final breakup. However, even after a divorce settlement agreement has been concluded, reconciliation is not impossible. The two agreements can also be combined. It often makes sense to include similar provisions in both agreements or to choose one agreement or the other based on personal needs.
What Should Be Included in the Agreement?
The specific issues addressed in the agreement vary depending on the individual circumstances and needs of a separating couple. For this reason, no universal standard agreement can be used.
For example, if there is already a joint will, it must be clarified whether it should remain in effect. Clarifying any maintenance payments and property arrangements is a standard part of virtually every agreement.
If there are joint loans to be repaid, the spouses should also discuss this matter and find a fair solution. It is highly beneficial for families to also address visitation arrangements, the children’s residence and primary place of residence, and, if applicable, custody. This helps prevent future conflicts, which typically cause the children of the marriage to suffer the most.
Not without a notary
The more points a separating couple can resolve amicably in the agreement, the better. However, to ensure that the agreements hold up in court and cannot be challenged later, you should be aware that some provisions may be invalid if they are not notarized.
For example, an agreement on the separation of property following separation and divorce must be notarized.
Professional advice from a certified specialist lawyer in family law is essential.
Real Estate Transfer
In many cases, a shared house or condominium is jointly owned. The transfer of this property to the other partner must also be notarized.
If the residential property is still encumbered, the spouse who remains in the previously shared apartment or house after the separation usually agrees to pay off the debts. However, other solutions are also possible.
In such cases, the consent of the financing bank or financial institution is often required. If consent is not granted, both spouses may remain liable.
Amendments and Revocation
Even if an agreement has been reached on the most important points regarding the period after the divorce, it may still happen that changes are made to it later or that the entire agreement is no longer intended to be valid.
If the agreement is a notarized document, this can be difficult under certain circumstances, particularly if the request for a change is unilateral.
Since both spouses have signed the agreement, both must therefore agree to any amendment. If one of the parties does not consent, a legal dispute is usually unavoidable. A certified specialist lawyer in family law can handle all the necessary steps for you in this regard.
Validity of a Marital Agreement
This is also a very important issue. If you entered into a notarized marital agreement before or during your marriage to govern the consequences of a potential divorce, its validity should be reviewed.
A certified specialist lawyer in family law can assist you with this as well.
Marital agreements may be invalid in part or in their entirety. Therefore, have your agreement reviewed. Call us at 030 / 890644-0 or send us an email at [email protected] . We’d be happy to advise you!
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