A divorce settlement agreement should be recorded if a separation is currently foreseeable. In particular, it serves to simplify the judicial divorce procedure because problems that were previously worked out unanimously by the contracting parties no longer have to be decided by a court chairman. The divorce settlement agreement therefore simplifies the separation. If the divorce consequences agreement is in place, the family court can determine the divorce in a process that is quicker and cheaper than the “normal” divorce procedure. The court for family affairs can only grant an amicable divorce if the spouses have been living separately for at least a year and both spouses apply for the annulment of the marriage or one partner applies for the annulment of the marriage with recognition of the other. The notarized divorce settlement agreement should contain:
- an agreement between the spouses about the annulment of the marriage itself,
- Declarations by the partners regarding custody or visitation rights for joint minor children,
- Agreements on maintenance payments to common children and between life partners and
- Agreements on the use of the marital home and the allocation of household goods.
Anyone who can therefore come to an amicable agreement with their spouse about some or even any post-divorce disputes in advance without having to make any effort should agree on this in a post-divorce agreement. However, the spouses cannot have a common lawyer assisting them in such a matter. The lawyer is obliged to respect the advantages of his client and to fight through them in order to achieve the best possible result for him. In the case of opposing parties, their requirements must also be oppositional, so that a joint lawyer could not practically do justice to either spouse. It is possible that only one of the contractual partners receives legal support and the other partner agrees to the clauses made. In contrast, this can quickly lead to discrimination against your life partner, which should be clear to them. In some cases, he loses economic positions that would otherwise be his. That’s why it’s definitely worth having a legal expert represent you on your own legal status. You can find everything about family law on our blog on the subject of divorce settlement agreements.