Prenuptial Agreement German

A marriage contract is a legal contract entered into prior to a registered partnership or marriage, which describes the division of property and alimony if the marriage leads to divorce. This agreement is entered into in order to facilitate the separation process and to protect the personal property of both parties. Marriage contracts can also describe what happens when they die, much like a last will and will. On this page you will find basic information about marriage contracts in German law. It answers the following questions: Under the marriage contract, the parties can, since June 2012, choose, under the Rome III Statute in Germany, the jurisdiction applicable in the event of divorce. It is often advisable to sign a marriage contract before marriage. It goes without saying that the spouses may also subsequently conclude a terminated contract. Both agreements must be registered by a notary who also identifies impartial people about your options and the legal implications of each. When it comes to marriage contracts, we are here to help When it comes to marriage contracts, it is possible to make adjustments and changes. If life situations change, the supposed requirements can also change as part of a contract.

Changes may be considered if the personal situation has changed within a marriage, for example. B with regard to the income or working situation of the spouses. However, the step towards adjustment should not be pursued unilaterally. Instead, changes should only be considered if both partners are on the same page. Opening a marriage contract to changes and adaptations can be a laborious undertaking. Here too, the use of the services of a notary and mutual legal assistance ensures that any change is legally valid and adapted to the objectives of the partners. The establishment of a contract before or at the other allows the spouses to make different arrangements with regard to their maintenance rights, including the specific amount and duration of the maintenance obligation. However, they may not waive their right to maintenance during marriage in the pre-marital or post-marital contract.

Nor can the agreement restrict their children`s right to family allowances. A marriage contract is important to protect a person`s property and interests if a marriage results in divorce. This does not mean that both parties or one of the parties involved are rich, but simply that they want to protect what they have worked hard for. In the event of an extreme imbalance in the distribution of the assets resulting from the initial marriage contract, the marriage contract as a whole may be annulled. If circumstances have changed during the marriage, making the original agreement inappropriate, the courts can change the marriage agreement. Marriage contracts cannot be designed with the aim of deliberately placing the economically weaker partner in a much less favourable situation. This is reflected, for example, when the marriage contract waives the obligation for the spouse to pay maintenance if that partner is not financially able to refuse such assistance. Another area in which a marriage contract can be challenged is when the income of one of the partners has increased during the marriage compared to the other because he takes care of the children at home.

The court may act as an intervener in such cases. In addition, the marriage contract cannot allow one of the partners to avoid the payment of child support. In essence, the court can intervene when a marriage contract can be considered unjust or unilateral. It is therefore important to use legal assistance to ensure that any marriage contract you wish to issue is valid. Germany and Thailand both allow marital agreements to determine the distribution of property and debts in the event of marriage termination. . . .