Assets & discretion
The Divorce Settlement Agreement – Shape Your Divorce Yourself
Why leave the consequences of a separation to a court when you can settle them yourself? The divorce settlement agreement is the most effective instrument for a fast, discreet and predictable divorce – especially where assets or children are involved. From over 300 proceedings handled, we draft agreements that hold and protect both sides.
Quick answer
A divorce settlement agreement is a contract in which the spouses settle the consequences of their divorce themselves – assets, maintenance, pension rights adjustment, property and more. It enables an amicable divorce, saves time and cost and creates legal certainty. For central points (e.g. equalisation of gains, pension rights, property) notarisation is required.
In brief
- You settle the divorce consequences yourself instead of in court.
- It is the key to the amicable divorce – faster, cheaper, more discreet.
- Central points (gains, pension rights, property) require notarial form.
- The contract is subject to a validity review – one-sidedly unfair clauses do not hold.
- Child maintenance cannot be pushed below the statutory minimum.
What is a divorce settlement agreement?
The divorce settlement agreement is a contract between the spouses that comprehensively settles the consequences of the divorce – concluded on the occasion of the separation or divorce. Instead of litigating individual points of dispute before the family court, the spouses agree in advance. The court then only needs to pronounce the divorce itself. The result: less conflict, lower cost and a procedure that can be concluded in months rather than years.
What can be settled
A divorce settlement agreement can bundle almost all economic and personal consequences:
- Equalisation of gains – amount, waiver or modification. → Division of assets
- Maintenance – separation and post-marital maintenance. → Maintenance
- Pension rights adjustment – exclusion or deviating arrangement (subject to review). → Pension equalisation
- Property – buy-out, transfer or sale. → Who gets the house?
- Household contents and joint liabilities.
- Arrangements for the children – care and contact (bindingness limited). → Divorce with children
When a notary is required
Not every arrangement is valid without form. For certain core points the law prescribes notarisation – in particular for agreements on the equalisation of gains, the transfer of real estate and the pension rights adjustment. Maintenance agreements also frequently require notarial form for far-reaching arrangements. The notary at the same time ensures legal certainty and enforceability.
Form decides validity
A "private" agreement without the required form may be void – with expensive consequences. Central points belong in a notarised deed.
Limits of freedom of contract
The spouses may settle a great deal – but not everything. Agreements are subject to a content and exercise review: a provision that one-sidedly disadvantages one side inappropriately at the time of conclusion can be wholly or partly void (immorality). The children are especially protected: child maintenance cannot validly be reduced below the statutory minimum, and custody and contact arrangements always remain measured against the child's welfare.
Draw up your agreement securely
For your agreement to hold, it must be fair, complete and in the correct form. Describe your key points – we design a solution that lasts.
Advantages for high-net-worth individuals
Especially with companies, real estate and larger assets, the agreement is often the best route. It keeps sensitive figures out of public dispute, avoids a long valuation fight in court and creates planning certainty – for instance on instalments, deferral or the transfer of specific assets. Discretion and control over the outcome are often worth more here than any forced solution.
Distinction: marital agreement and separation agreement
The terms are often confused. A marital agreement (prenup) is concluded before or during an intact marriage and provides for the future. A separation agreement governs the period of living apart. The divorce settlement agreement is concluded on the occasion of the separation/divorce and settles its consequences concretely. Often separation and divorce settlement agreements merge into one another.
Related topics
Amicable divorce Division of assets Maintenance Pension equalisation Who gets the house? Prenuptial agreement High-net-worth divorce
Free tools to check first: Divorce cost calculator Equalisation of gains calculator
Frequently asked questions
What does a divorce settlement agreement cover?
It bundles the consequences of the divorce: gains, maintenance, pension rights, property, household contents and arrangements for the children.
Must it be notarised?
For central points such as equalisation of gains, transfer of property and pension rights adjustment, yes. The notary ensures validity and enforceability.
Is it cheaper than contested proceedings?
Usually considerably. It enables the amicable divorce and avoids long, expensive disputes.
Can any provision be freely agreed?
No. One-sidedly grossly disadvantageous clauses can be void. Child maintenance cannot be reduced below the minimum.
What is the difference from a prenup?
The prenup provides for the future (before/during marriage); the divorce settlement agreement settles the consequences of separation/divorce concretely.
Can we include the child-related issues too?
Care and contact yes, but only to a limited binding extent – the child's welfare remains decisive. The minimum child maintenance is protected.