Draft separation agreement for divorce
If you get married, you can make all important provisions in advance of or during the marriage in a separation agreement that apply in the event of a separation up to and including divorce. While the essential agreements about the consequences of the divorce must be notarized, you can make agreements about the Separation maintenance or the rights of contact with children during this time can also simply be set in private writing and thus save costs.
Regulation points in a separation agreement
- When you separate, one spouse usually moves out of the shared apartment and leaves it to the other for further use. In this case, regulations are usually necessary about the common household items, the residence of the children and the structuring of the rights of access. In addition, there is the question of maintenance for the children and one spouse until a settlement is made in connection with the divorce for the subsequent period.
- It is best to determine in good time who will be involved in the event of a separation has to leave the apartment.
- Also regulate which parent the children should stay with. You should write down the contact rights of the other spouse in detail and write down the exact times.
- The division of the household items, broken down into individual items, can make a later discussion much easier.
- Finally, you regulate the separation maintenance to an amount that exceeds the legal minimum entitlement, because it is not possible to effectively waive separation maintenance. However, you can always agree to a higher maintenance than the statutory maintenance.
In the event of a separation and possibly Imminent divorce raises numerous questions. …
Notarial certification necessary for the consequences of divorce
- Some points cannot be effectively regulated in a privately written separation agreement, but require notarial certification.
- For example, you can only regulate a matrimonial property agreement during the marriage by means of a notarial contract that deviates from the statutory matrimonial property regime. In addition, agreements on the transfer of real estate, post-marital maintenance or the pension adjustment always require the notarial form.
To get an expensive and lengthy legal process before the divorce If possible, you should draw up a well thought-out separation agreement at the beginning of your marriage, which includes all the points that are important to you. If your spouse then does not adhere to these agreements, you are at least in a favorable negotiating and proving position in a legal dispute with the written contract.
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