Separating from a partner is always an emotionally stressful situation.
Even when it is amicable. If there are minor children, arrangements regarding custody, living arrangements, and child support must be made as quickly as possible.
Added to this are arrangements regarding who keeps which furniture, the car purchased jointly, or the decision about what will happen to the family home in the future.
You should set these and many other matters out in a separation agreement together with a certified specialist lawyer in family law. This way, with professional support from a neutral, third-party expert, you can ensure an agreement that is fair to both parties.
What Is a Separation Agreement?
Over the course of many years of living together, many jointly acquired possessions accumulate. One partner may have quit his or her job to care for the children, and often a pet enriches family life.
If a separation occurs, you and your partner should agree on who will continue to live in the jointly rented apartment or the jointly purchased house during the separation year, with whom the children will live, and who will receive the furniture, car, and other possessions. Finally, the financial situation of both partners must be clarified.
You can address all of this in a separation agreement. With this agreement, many couples— regardless of their current emotional situation—create the sense of security that is so important after a separation for looking positively toward the future.
However, the separation agreement serves not only to ensure a fair division of assets for both parties. It often also defines various rights and obligations. As a notarized agreement, it can serve as an important foundation for a divorce by mutual consent and significantly shorten the court divorce proceedings.
What exactly does the separation agreement cover?
In principle, you can use the separation agreement to address anything that is personally important to you and your partner. Seek advice and guidance from the certified specialist lawyer in family law of your choice. This ensures the agreement’s neutrality from the outset and allows you to trust that the terms are fair to both parties.
The most important points you should include in the separation agreement, which applies during the separation period:
House or Apartment
Who will remain in the house or apartment during the separation year or separation period, and who will assume which responsibilities—regardless of whether the property is owned or rented.
Household goods
Items purchased jointly will be divided as fairly as possible, taking various criteria into account. This includes the car as well as any pets living in the household.
Joint account
Who will continue to manage the joint bank account, and how will the assets in joint savings accounts be divided?
Financial Obligations
Repayment of financial obligations incurred during the marriage, such as loans, mortgages, or overdrafts, as well as outstanding bills.
Spousal Support
Which spouse receives spousal support and in what amount. A spouse who has not been employed up to this point is not required to look for a job even during the separation year. This applies especially if the reason is childcare.
Joint Children
If there are children living in the household, the parents must reach an agreement regarding child support. The amount of support and the question of who is responsible for paying it must be clarified without fail.
Custody and Visitation Rights
During the separation, joint custody generally remains unchanged. However, visitation rights frequently lead to disputes. Be sure to address visitation rights in the separation agreement.
Insurance Policies
During the separation year, the various family insurance policies remain in effect. For existing life insurance policies, you should discuss together whether your partner should remain the beneficiary or whether, for example, the children should be named as beneficiaries instead.
Whether the separation will ultimately lead to a final separation and divorce is still open at this point. Only you and your partner can decide that. Be sure to draft the agreement with the assistance of a family lawyer so that it serves as a basis for a future divorce settlement agreement.
When is a separation agreement legally valid?
In principle, the agreement does not require any formal requirements. A verbal agreement is just as valid as a written one. However, such agreements always require absolute trust in the commitments made by your partner.
If one partner fails to comply with one or more terms, the only recourse is often to go to court. In particular, child custody arrangements or child support and spousal support often lead to disputes.
A clear and binding agreement can prevent these disputes.
If you wish to establish agreements regarding post-marital support, equalization of accrued assets and pension rights, and the transfer of real estate during the separation year, notarization is mandatory.
Having a separation agreement notarized can generally be advantageous. This is because it provides legal protection for both partners, and each can rely on the terms agreed upon.
Furthermore, the willingness to have the agreement notarized demonstrates a commitment to ending the relationship fairly and amicably. A knowledgeable and experienced certified specialist lawyer in family law will provide impartial support in drafting the separation agreement and, if necessary, will assist you through the notarization process.
In this way, both partners enter into an officially confirmed commitment, which very often makes it easier to reliably adhere to the terms of the agreement.
How much does this agreement cost?
If you choose the legally secure route—including support from an experienced certified specialist lawyer in family law and a notarized separation agreement—there will be costs involved.
These costs are based on the value in dispute, which is calculated based on existing assets and, if applicable, income. Your certified specialist lawyer in family law will be happy to provide you with detailed information about the costs during a personal consultation.
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