Prenuptial agreement

A prenuptial agreement (Ehevertrag) sets out the financial framework of a marriage – above all what happens in the event of divorce (§1408 BGB).

What can be regulated?

• Matrimonial property regime: separation of property instead of community of accrued gains (or modified)
• Maintenance: exclude or limit post-marital maintenance
• Pension rights adjustment: division of pension entitlements
• Inheritance rules: waiver of inheritance, compulsory share

When is a prenup particularly useful?

• Entrepreneurs: protect the company from the equalisation of accrued gains
• Large differences in wealth: protect the assets brought into the marriage
• Patchwork families: protect children from previous relationships
• International marriages: which law applies?
• Dual earners without children: exclude maintenance

Costs:

• Notary fees: depend on both partners' net assets
• With €100,000 in assets: approx. €500–800
• With €500,000 in assets: approx. €1,500–2,500
• Lawyer's fees: an additional €500–2,000 per lawyer (recommended: each partner has their own)

When is a prenup invalid?

• Immoral: if one partner is completely disadvantaged (Federal Court of Justice)
• Pressure/coercion: signing under time pressure (e.g. shortly before the wedding)
• Pregnancy: a contract during pregnancy = stricter immorality review
• Core area violated: childcare maintenance cannot be excluded