Prenuptial Agreements in Germany

German Family Lawyers

Prenuptial Agreements in Germany

German Family Lawyers

More and more married couples and engaged couples are opting for a prenuptial agreement, as the traditional marriage with only one working spouse no longer corresponds to today’s norm. The “standard solution” laid down in the Civil Code makes a contractual arrangement deviating from this appear sensible in such a case. In this way, both spouses can protect themselves and do not have to expect unpleasant surprises in the event of a divorce.

However, concluding a prenup (“marriage contract”) in no way implies that the parties involved expect to get divorced. Rather, it is advisable to draw up a prenuptial agreement if the relationship is intact and only the remote possibility of divorce is to be taken into account. The prenuptial agreement is thus not a sign of a relationship doomed to failure but merely a precautionary measure. In order to ensure the necessary legal clarity, it is, therefore, advisable to consult an experienced family law lawyer.

Schlun & Elseven Rechtsanwälte offers comprehensive support in all family law matters. Our lawyers have the required expertise and empathy to clarify issues as clearly as possible for you and your spouse and ensure that the prenuptial agreement complies with all formal requirements and safeguards your interests.

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Legal assistance in German Family Law

Before and during marriage
In the event of divorce
  • Challenging prenuptial agreements

  • Enforcement of prenuptial agreement claims and demands

What is the Legal Basis for Prenuptial Agreements in Germany?

The primary legal standard for prenuptial agreements is § 1408 German Civil Code (BGB). According to this, spouses can regulate their property relations through a contract, and cancel or change the matrimonial property regime, even after the marriage has been started. A marriage contract can thus be concluded before the marriage or during the marriage. The agreement must be written down by a notary with both parties present simultaneously (cf. § 1410 BGB) to be valid.

In addition to this formal requirement, some content-related conditions must be observed. For example, a marriage contract can be challenged in court if it is ambiguous, unclear or inherently unfair. Therefore, it is advisable to consult an experienced and qualified lawyer to guarantee the contract’s validity. Our legal experts have already drawn up many prenuptial agreements and will be happy to assist you.