Gesamtausgleich

Gesamtausgleich is a German legal term describing a comprehensive settlement of all financial rights and obligations between two or more parties, typically resulting in a single agreement that extinguishes the claims of the participants. It involves offsetting assets and liabilities, possible transfers of property, monetary payments, and waivers of future claims. The goal is to create finality and simplify ongoing relations.

In family law, the term is sometimes used to describe a broad settlement of marital property relations upon the dissolution of a marriage or civil partnership. German practice normally relies on the Zugewinnausgleich as the standard mechanism, but a Gesamtausgleich can be invoked in contractual settlements or court-approved agreements that go beyond the statutory framework, aiming to balance all assets, debts and entitlements within legal limits.

In insolvency or corporate contexts, a comprehensive settlement between debtor and creditors may be described as a Gesamtausgleich, implemented through a settlement plan or court-approved compromise (Vergleich) that resolves all claims. Such arrangements can facilitate rehabilitation, prevent protracted litigation, and provide a clear path to dissolution or restructuring.

The precise form and enforceability of a Gesamtausgleich depend on the applicable law and the consent of the parties, including any mandatory protections and creditor rights. It is typically documented in writing and may require notarization or court involvement, depending on the jurisdiction and context.