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Prenuptial Agreement
I need a prenuptial agreement that outlines the division of assets and debts acquired before and during the marriage, includes provisions for spousal support, and ensures the protection of individual inheritances. The agreement should comply with German law and be fair to both parties.
What is a Prenuptial Agreement?
A Prenuptial Agreement, called "Ehevertrag" in German law, is a legal contract between two people before they get married. It lets couples set their own rules about money, property, and other rights during marriage and after divorce, instead of following standard German marital property laws.
Under German Civil Code (BGB), couples can use this agreement to protect business assets, define inheritance rights, and arrange spousal support. While these contracts are especially common among business owners and high-net-worth individuals, they're becoming more popular among young professionals who want clarity about their financial future before tying the knot.
When should you use a Prenuptial Agreement?
Consider a Prenuptial Agreement (Ehevertrag) if you own a business, expect a significant inheritance, or have substantial assets before marriage. It's particularly valuable for entrepreneurs protecting their company from potential division during divorce, or professionals who want to keep their pension rights separate under German law.
Getting this agreement in place makes sense when one partner has children from a previous marriage, holds significant debt, or works in a high-risk profession. German courts strongly respect these contracts when they're signed well before the wedding date and both parties receive independent legal counsel. The key is addressing it early鈥攊deally several months before marriage鈥攖o avoid any appearance of pressure.
What are the different types of Prenuptial Agreement?
- Simple Prenuptial Agreement: Basic version covering essential property division and spousal support, ideal for couples with straightforward financial situations
- Pre Marriage Agreement: Comprehensive contract addressing detailed asset protection, inheritance rights, and business interests before marriage
- Post Nup Agreement: Modified agreement created after marriage to adjust financial arrangements as circumstances change
- Post Prenuptial Agreement: Detailed modification of existing prenup terms to accommodate significant life changes or asset acquisitions
- Post Prenup Agreement: Simplified post-marriage contract focusing on specific assets or financial arrangements
Who should typically use a Prenuptial Agreement?
- Engaged Couples: The primary parties who negotiate and sign the Prenuptial Agreement, especially those with businesses, investments, or significant assets
- Family Law Attorneys: Draft and review agreements to ensure compliance with German marriage laws and protect clients' interests
- Notaries (Notare): Must officially certify every Prenuptial Agreement under German law for it to be legally valid
- Business Valuators: Assess company assets and provide accurate financial documentation for business-owning couples
- Financial Advisors: Help identify assets, evaluate financial implications, and structure agreements for optimal tax planning
- Translators: Often needed when one partner isn't fluent in German, as agreements must be fully understood by both parties
How do you write a Prenuptial Agreement?
- Complete Asset Inventory: List all properties, investments, business interests, pensions, and debts for both parties
- Financial Documentation: Gather bank statements, property valuations, business records, and inheritance expectations
- Personal Details: Collect information about existing children, expected inheritances, and career plans
- Timing Planning: Schedule drafting at least 3 months before the wedding to avoid claims of duress
- Template Selection: Use our platform to generate a legally-sound German Prenuptial Agreement template that fits your situation
- Translation Needs: Arrange certified translation if either party isn't fluent in German
- Notary Appointment: Schedule certification with a German notary, required for legal validity
What should be included in a Prenuptial Agreement?
- Party Information: Full legal names, addresses, and marital status of both parties
- Property Regime: Clear statement opting out of Germany's default community of accrued gains (Zugewinngemeinschaft)
- Asset Declaration: Detailed list of pre-marital assets and debts for both parties
- Spousal Support: Specific terms for maintenance payments during and after marriage
- Business Protection: Provisions safeguarding company ownership and future business interests
- Inheritance Rights: Clear terms about inheritance claims and waiver of statutory portions
- Certification Statement: Mandatory notarial certification clause confirming voluntary agreement
- Severability Clause: Statement ensuring partial invalidity doesn't void entire agreement
What's the difference between a Prenuptial Agreement and a Co-Ownership Agreement?
A Prenuptial Agreement differs significantly from a Co-Ownership Agreement in German law, though both deal with property rights. While prenups specifically address marital assets and their division, Co-ownership Agreements handle shared property ownership between any parties, married or not.
- Timing and Duration: Prenups must be signed before marriage and last until divorce or death; Co-ownership Agreements can start anytime and end by mutual agreement
- Legal Requirements: Prenups require notarial certification under German marriage law; Co-ownership Agreements often need only written documentation
- Scope of Coverage: Prenups cover spousal support, inheritance rights, and business interests; Co-ownership focuses solely on managing shared property rights
- Modification Rules: Prenups need formal amendments through a notary; Co-ownership terms can be adjusted more flexibly by written agreement
- Tax Implications: Prenups affect matrimonial property regime tax benefits; Co-ownership deals with standard property tax arrangements
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