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Divorce settlement agreement: arrange the separation yourselves

Instead of fighting over every detail in court, spouses can arrange the consequences of their divorce amicably, in a divorce settlement agreement. This saves time, money and nerves.

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In a divorce settlement agreement you can arrange all the important points yourselves: post-marital maintenance, equalization of gains, pension equalization, the shared property, household goods and questions concerning the children. An amicable arrangement makes the divorce faster and cheaper.
For certain points (e.g. pension equalization, maintenance for the time after the divorce, transfer of property) notarization is required. The agreement is subject to a judicial review of its content and must not put one partner at an unreasonable disadvantage.

What you should do now

  1. 1

    1. Collect the topics

    Which consequences do you want to arrange (maintenance, assets, property, children)?

  2. 2

    2. Negotiate fairly

    A balanced arrangement holds up; a one-sided disadvantage risks invalidity.

  3. 3

    3. Have it notarized

    For certain points notarization is required; it makes the agreement binding.

  4. 4

    4. Seek advice

    Have your interests checked by a lawyer beforehand (legal aid for advice or proceedings if applicable).

Frequently asked questions

What is the benefit of a divorce settlement agreement?

You arrange the consequences of the divorce yourselves and amicably, instead of having them decided by the court. This concerns maintenance, equalization of gains, pension equalization, the shared property and further points. Such an agreement makes the divorce faster, more predictable and, as a rule, considerably cheaper than a dispute over every single question.

Does the agreement have to be notarized?

For many important points yes: for arrangements on pension equalization, on post-marital maintenance or on the transfer of property, notarization is required. In addition, the agreement is subject to a judicial review of its content: it must not put a spouse at an unreasonable disadvantage. Legal advice beforehand is therefore sensible.

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We put together the ready-made texts and the right places to contact for you.

General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.