If you want to organise your future together responsibly, including the legal implications of marriage, you should consider concluding a prenuptial agreement. In many cases, the “standard solution” set out in the German Civil Code (BGB) leads to lengthy disputes that sometimes end up in court. However, a customised prenuptial agreement allows marital property relations to be regulated in the interests of both parties and thus prevents disputes. Such a solution is particularly recommended regarding asset protection to protect the business assets and ensure the company’s continued existence.
In this context, the German law firm Schlun & Elseven Rechtsanwälte offers skilled and committed legal advice. Our German family lawyers have excellent expertise and the necessary empathy to make the clarification of asset-related issues as pleasant as possible for you and your spouse and to ensure that the prenuptial agreement fulfils all formal requirements and considers your needs. Please do not hesitate to contact us directly to benefit from our services.
Legal Basis for the Prenuptial Agreement in Germany
Concluding a prenuptial agreement in no way implies that the parties involved are expecting to get divorced. Instead, it is advisable to draw up a prenuptial agreement if the relationship is intact, and only the remote possibility of divorce should be considered. In this way, fair conditions can be negotiated for both parties so that neither spouse feels disadvantaged nor ignored in the event of a separation. The prenuptial agreement is, therefore, not a sign of a relationship doomed to failure, but merely a precautionary measure.
The primary legal standard for prenuptial agreements in Germany is Section 1408 of the 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 started. A marriage contract can thus be concluded before or during the marriage. The agreement must be written down by a notary with both parties present simultaneously (Section 1410 BGB) to be valid.
In addition to this formal requirement, several substantive requirements must be observed. For example, a prenuptial agreement can be challenged in court if it is ambiguous, unclear, or inherently unfair. Although not mandatory, it is therefore highly advisable to consult an experienced German family lawyer to ensure the legal validity of the contract. Our legal experts have extensive experience in this area and will be happy to assist you in drafting an agreement that is customised to your needs.
Practice Group: German Family Law
Practice Group: German Family Law
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