Marriage contract lawyer Munich

LEGAL ADVICE ON THE MARRIAGE CONTRACT

Marriage contract compact

POSSIBLE CONTENTS OF A PRENUPTIAL AGREEMENT

Of course, you don't like to think about such things when you're first in love - but a prenuptial agreement is something that is almost completely normal nowadays. With a suitably formulated prenuptial agreement, you can protect yourself from lengthy legal disputes in good time and at the same time safeguard your personal and financial interests in the event of separation or divorce.

In principle, there is ‘freedom of contract’ for a marriage contract - so you can stipulate almost anything in a contract - but of course there are also some pitfalls in practice, which in the worst case can even lead to the marriage contract being invalid. The formulation of a legally compliant, good and secure marriage contract should therefore be entrusted to an experienced lawyer.

In a normal divorce, the statutory matrimonial property regime of community of accrued gains applies without a marriage contract. Most prenuptial agreements therefore deal with the contractual definition of individual financial claims that modify this predetermined matrimonial property regime. The second major issue in marriage contracts nowadays is, of course, maintenance. Who is ultimately liable to pay maintenance to whom or who is responsible for the care of joint children can be clearly regulated in advance by a prenuptial agreement.

If you have not made appropriate contractual provisions at an early stage, there is still the option of a separation and divorce settlement agreement to legally clarify important issues, even if the separation is already foreseeable. I will also be happy to help you with this special form of marriage contract. In general, almost all individual wishes can be suitably stipulated by a lawyer in a marriage contract.

Overview: What can a prenuptial agreement regulate?

• Division of assets: A prenuptial agreement can regulate how assets are divided in the event of a divorce. This can be particularly relevant if one of the partners had considerable assets before the marriage or if assets were acquired during the marriage.
• Maintenance payments: The agreement of maintenance payments in the event of divorce can also be set out in the prenuptial agreement. This can help to avoid disputes over maintenance payments and establish clear guidelines for financial support.
• Inheritances and gifts: A prenuptial agreement can address how inheritances and gifts received during the marriage will be handled. This can be particularly important to ensure that certain assets are protected in the event of a divorce.
• Liability for debts: Spouses can specify in the prenuptial agreement who is liable for joint debts and how these will be divided in the event of separation.
• Agreements about children: Although a prenuptial agreement cannot contain provisions for custody or child maintenance, some agreements can be made to regulate financial aspects in connection with the children.

What should definitely be included in the prenuptial agreement?

The prenuptial agreement should include all important regulations and topics that are important to the parties involved in the event of a separation. For example, the marital property agreement, all regulations regarding assets, pension provisions, maintenance claims and inheritance claims are traditionally included in a marriage contract. Custody of joint children should also be regulated in the event of a separation.

WHY A PRENUPTIAL AGREEMENT? WHY IS A PRENUPTIAL AGREEMENT USEFUL?

The idea of concluding a marriage contract may seem unromantic to some people. After all, marriage is about love, trust and togetherness, not money or possessions. However, the reality is often more complex. Marriage brings with it various financial and legal obligations that are not always clear. A prenuptial agreement can help to avoid potential conflicts and make the process easier in the event of separation.

COSTS OF A PRENUPTIAL AGREEMENT - WHAT DOES A PRENUPTIAL AGREEMENT COST?

The costs for a legally binding marriage contract are made up of the lawyer's fees and the notary's fees. The lawyer's fees are governed by the German Lawyers' Fees Act (Rechtsanwaltsvergütungsgesetz) and the fees are calculated on the basis of the matters to be regulated in the agreement (value of the matter). In addition, there is a business fee for drawing up the marriage contract and, if applicable, a settlement fee.

The notary fees are calculated from the corresponding business value of the marriage contract and any expenses incurred.

The costs for a marriage contract are therefore very individual, but can be calculated very well in advance. I will be happy to inform you about the costs to be expected in your case during the initial consultation.

Frequently asked questions on the topic of marriage contracts and prenuptial agreements