The Pre-Marriage Agreement is a crucial document for couples planning to marry in Germany who wish to establish clear financial and property arrangements different from the statutory regime. It is particularly relevant for individuals with significant assets, business interests, anticipated inheritances, or international connections. The agreement must comply with German law, specifically the German Civil Code (BGB), and requires notarization to be valid. It typically includes provisions for property division, maintenance obligations, pension rights equalization (Versorgungsausgleich), and inheritance matters. The document should be drafted well in advance of the marriage to allow proper consideration and potential negotiations. Recent Federal Constitutional Court decisions have established important principles ensuring fairness and protection of both parties' interests, making professional legal advice essential in the drafting process.
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1. Parties: Identification and details of both parties entering into the agreement
2. Background: Context of the agreement, including the planned marriage date and general intent of the parties
3. Definitions: Key terms used throughout the agreement
4. Property Regime: Selection and detailed terms of the property regime (typically modifying or opting out of the statutory Zugewinngemeinschaft)
5. Separate Property: Declaration and treatment of assets owned before marriage and acquired during marriage
6. Spousal Maintenance: Provisions regarding post-divorce maintenance obligations
7. Pension Rights Equalization: Arrangements regarding pension entitlements (Versorgungsausgleich)
8. Inheritance Rights: Basic provisions regarding inheritance rights between spouses
9. Severability: Clause ensuring partial invalidity doesn't void entire agreement
10. Governing Law: Confirmation of German law application and jurisdiction
1. Business Assets: Specific provisions for business ownership and future business interests, used when either party owns or may inherit a business
2. International Assets: Special provisions for international property and assets, included when parties have or anticipate having assets in multiple countries
3. Children's Provisions: Framework for child-related financial matters in case of future children, optional but recommended for comprehensive planning
4. Debt Handling: Specific provisions for existing or future debts, particularly relevant when parties enter marriage with significant debts
5. Real Estate: Specific provisions for existing or future real estate ownership, used when parties own or plan to acquire property
6. Family Business Protection: Special provisions protecting family business interests, used when family business interests are involved
1. Schedule A - Pre-marital Assets: Detailed inventory of assets owned by each party before marriage
2. Schedule B - Pre-marital Debts: Listing of all debts and liabilities of each party before marriage
3. Schedule C - Business Assets: Detailed description of business interests and their agreed treatment
4. Schedule D - Pension Rights: Detailed listing of pension entitlements and their agreed division
5. Appendix 1 - Property Valuations: Independent valuations of significant assets mentioned in the agreement
6. Appendix 2 - Financial Disclosures: Detailed financial statements from both parties
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