Marriage & Family
Marriage and partnership
Walking down the aisle is one of the most critical decisions in life. Because of this importance, the future of marriage should be planned and regulated.
It has been shown time and again that a lack of regulations often leads to unforeseen, unintended consequences.
Various questions may arise, such as
What happens to my sole and our joint assets?
Am I liable for my partner's debts?
What happens in the event of separation?
What rights do I have in the event of my partner's death?
The answers to these questions can vary greatly. The notary will work with you to draw up an individual agreement by the will of the spouses.
Concluding a marriage contract and clarifying the consequences of a possible divorce sounds unromantic. But only at first glance! Unfortunately, almost one in three marriages in Germany fails.
Spouses and future married couples should not ignore this fact but take precautions because a sensible and balanced settlement will only be possible if a divorce is unlikely and emotions and feelings are excluded.
A prenuptial agreement can avoid lengthy and costly legal disputes in divorce. It can be concluded both before and after the marriage.
The notary's task is to advise the spouses neutrally and impartially on the various options for structuring a marriage contract and their legal implications and then to draw up and notarize the contract.
As long as a couple has not concluded a marriage contract, they are married under the community of accrued gains regime.
If this results in a divorce, the increase in assets of both spouses is determined separately. Once the gain has been determined, the spouse who has made the higher gain must give half of it to their spouse.
The legislator offers separation of property as an alternative to the community of accrued gains. If this has been agreed upon, there will be no equalization of assets after the end of the marriage.
A modified community of accrued gains combines the advantages of both regulations, as it aligns more with the spouses' interests. While retaining the matrimonial property regime, in a modified community of accrued gains, individual assets determined by the spouses are withdrawn from the equalization of accrued gains or excluded in the event of divorce.
When divorcing, spouses not only have to deal with the personal burden of separation but also with a variety of legal issues.
Despite these severe difficulties, it is essential to try to keep your emotions under control and achieve a separation through a notarized divorce settlement agreement.
This makes the divorce quicker and cheaper, as the family court can pronounce the divorce in a quicker and more affordable procedure.
As part of the divorce settlement agreement, the notary clarifies questions of equalization of gains, maintenance, custody, and inheritance law consequences to reach a fair agreement.
Online forms
Whether you require notarial advice or are looking for a notarization, you can enter all the necessary information directly into a customized online form and then send it to us securely in encrypted form. In this way, we can suggest a suitable appointment efficiently and quickly.
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Oppelt & Erker
Together with our experienced team, we are available for notarial advice in all areas. Feel free to contact us anytime if you have questions or need help. We are here for you and will be happy to help.
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