Marriage and family
Marriage contract and divorce agreement
A marriage contract can be concluded at various times: before, during a harmonious marriage, or in the run-up to a divorce. The latter is often called a divorce agreement but is essentially the same as a prenuptial agreement. Divorce agreements are usually regulations on the division of assets (e.g., division of a joint property).
The term "marriage contract" may be a little misleading, as it may be thought of as a set of rules for the period of cohabitation, for example. However, a marriage contract regulates the legal consequences in the event of a divorce. Marriage contracts can only be validly drawn up before a notary.
When does a prenuptial agreement make sense?
A tailor-made prenuptial agreement saves time and money and prevents potential divorce disputes. It can also help secure your livelihood, especially for self-employed people or entrepreneurs. We have extensive experience with the issues involved and will provide targeted and individual advice.
Below, you will find a brief overview of the three central provisions of a prenuptial agreement. Divorce agreements often include specific agreements on the distribution of assets, such as real estate.
The following areas are addressed in prenuptial agreements - by no means necessarily all of them:
Agreements on the matrimonial property regime - community of accrued gains and alternatives
In Germany, without a marriage contract, the statutory matrimonial property regime of the community of accrued gains. In principle, the spouses' assets remain separate, but in the event of a divorce, financial compensation for the gain acquired during the marriage. However, the statutory regime can hold some unwelcome surprises in store. Community of accrued gains. In principle, the spouses' assets remain separate, but in the event of a divorce, a Financial compensation of the gain acquired during the marriage. However, the statutory regime can hold some unwelcome surprises in store.
Pension equalization - dividing retirement provisions fairly
The Pension equalization Pension equalization serves to divide the pension entitlements acquired during the marriage fairly. Pension rights equalization is critical in cases where one partner has acquired fewer pension entitlements due to childcare or part-time work. On the other hand, pension equalization can delay divorce proceedings. Suppose equal entitlements have been acquired or a division is perceived as unfair. In that case, excluding pension equalization is very much an option.
Post-marital maintenance - agreements for the future
After a divorce, each spouse must generally provide for themselves. However, if one partner needs maintenance after the marriage and the other is able to pay, maintenance claims may arise. With a marriage contract, maintenance claims can be determined individually, and disputes avoided. The exclusion of post-marital maintenance can benefit couples without children or dual-earner constellations.
Adaptation and costs of a marriage contract
Once a prenuptial agreement has been concluded, it can be adapted to changing circumstances at any time. Your notary can review an existing contract and update it if necessary.
The Costs of a marriage contract The cost of a marriage contract depends on the value of the transaction and the individual consultation. Our notary will help you draw up a suitable contract and answer any questions you may have.
Partnership contract for unmarried couples
Unmarried couples should also consider a partnership agreement to regulate their economic and legal circumstances. Without a contractual agreement, there are no specific legal regulations on the division of assets in the event of separation or inheritance law. A partnership agreement creates clarity and protects both partners. Partnership agreement to regulate their economic and legal circumstances. Without a contractual agreement, there are no specific legal regulations on the division of assets in the event of separation or on inheritance law. A partnership agreement creates clarity and protects both partners.
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Your contact person
Dr. Stefan Heinze
Together with my experienced team, I am available for notarial advice in all areas. You can contact us anytime if you have any questions or need help. We are here for you and will be happy to help.