Marriage & Family

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matrimonial property regime, in a modified community of accrued gains, individual assets determined by the spouses are withdrawn from the equalization of accrued gains or excluded in the event of divorce.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.