Not everything has to be fought out in court at a divorce. Maintenance, assets, pensions, housing and children can all be settled in advance, in a single contract. Whatever you agree between yourselves takes the decision out of the judge's hands.
One contract, many consequences
A Scheidungsfolgenvereinbarung (divorce settlement agreement) bundles the consequences of divorce into one contract. Form decides everything: some clauses only take effect once they undergo notarielle Beurkundung (a notarial deed), others go form-free – and some do not bind the court regardless.
An agreement is only as good as its weakest clause. Miss the form, and it is void (§ 125 BGB) – family law knows no cure for that here.
Settle the consequences yourself, and the court is left no decision.
A divorce settlement agreement is a tool of order, not an admission of conflict. The amicable divorce depends on exactly this.
Definition
A contract that bundles the consequences of divorce – instead of settling them one by one, and contested, in court.
Most couples sign it during separation, or before the divorce becomes final. A tool of order, not an admission of conflict – the amicable divorce depends on exactly this.
Content
Practically everything a divorce brings with it.
Separation and nachehelicher Unterhalt (post-marital maintenance), the division of assets and gains, Versorgungsausgleich (pension sharing), the marital home, property and household goods – down to arrangements over custody and access.
A good agreement thinks these points together. Trade pension sharing against the property, and both sides need watching.
Form
Some points, without exception – otherwise the agreement is void (§ 125 BGB).
Post-marital maintenance (§ 1585c BGB), pension sharing (§ 7 VersAusglG), Zugewinnausgleich (equalisation of gains) (§ 1378 Abs. 3 BGB) and any property transfer (§ 311b BGB) only take effect in notarised form before the divorce becomes final – family law knows no cure for a missed one.
Signed only in private writing, the paper is worthless on these points. Separation and child maintenance go form-free, true, but a notarised document gets you an enforceable title. Only a court-recorded settlement replaces the notary (§ 127a BGB).
Limits
Not everything two people agree on holds up in court.
Parents cannot waive the child's maintenance to the child's detriment – the claim belongs to the child, not to them. Even a validly notarised agreement gets checked by the court: for Sittenwidrigkeit (unconscionability at signing) (§ 138 BGB), and for Treuwidrigkeit (bad faith in relying on it later) (§ 242 BGB).
A one-sided full waiver can collapse – with childcare-related maintenance or pension sharing, for instance; equalisation of gains stays the most freely negotiable. Arrangements over custody and access do not bind the court regardless.
Benefit
An amicable solution is almost always faster, cheaper and calmer than a fight.
Reach agreement, and the value in dispute drops, hearings shrink, and control over the outcome stays with you. A good agreement also creates something a won fight rarely gives: legal certainty for both sides, and a title enforceable without a new proceeding.
Draft the agreement cleanly, rather than repair it later. A wrong form or an invalid waiver can tear the whole thing open in the end – better the agreement stands before anyone signs.
Services
From the first conversation to the notarised agreement – watertight in form, complete, enforceable.
We clarify which consequences need settling, and where your interests lie, before any negotiation starts.
We draft the contract that thinks all points together – without a gap and without a defect in form.
Trade pension sharing against the property, and both sides need a fair balance.
We check what is notary-mandatory, so no clause ends up void (§ 125 BGB).
Preparing and accompanying notarisation – and securing a title enforceable without a new proceeding.
Where possible, we guide both sides to a workable, calm agreement.
Have your agreement drafted before you sign, so nothing needs repairing later.
Step by step
Five stages – at the end stands a watertight, enforceable contract.
What needs settling – maintenance, assets, pensions, housing, children?
Stock-takeThink the points together, and balance trade-offs fairly.
Think as a packageWhat must go to the notary without exception, so no clause ends up void.
§ 125 BGBA notarised document, or a court-recorded settlement.
§§ 311b, 127aLegal certainty for both sides – enforceable without a new proceeding.
TitleThe usual course – individual cases may differ. As of 2026.
Frequently asked questions
Some points, without exception: arrangements on post-marital maintenance (§ 1585c BGB), pension sharing (§ 7 VersAusglG), equalisation of gains (§ 1378 Abs. 3 BGB) and any property transfer (§ 311b BGB) only take effect in notarised form before the divorce becomes final – miss the form, and the agreement is void (§ 125 BGB). Only a court-recorded settlement replaces the notary (§ 127a BGB).
Yes, through a notarised agreement (§ 7 VersAusglG). The family court still checks it for validity and fairness though – a one-sided full waiver can collapse (§§ 138, 242 BGB). Equalisation of gains stays the most freely negotiable.
No. Parents cannot waive the child’s maintenance to the child’s detriment – the claim belongs to the child, not to them. Such a clause does not hold up in court.
They do not bind the court. With custody and access, the child’s welfare alone counts in the end – a parental arrangement is an important basis, but it does not replace the court’s own review.
Sources
The provisions mentioned in the text, in their official wording on the “Gesetze im Internet” portal of the Federal Ministry of Justice.
Contact
Choose whichever way feels right for you – we reply personally, usually within one business day.
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