Prenuptial agreements: sensible arrangements

In short: A prenuptial agreement allows couples to individually adjust statutory default rules on assets, maintenance, and pension equalisation. It is especially useful when there are large differences in wealth or self-employment is involved.

In more detail: Without a prenuptial agreement, the statutory community of accrued gains automatically applies, equalising asset growth during the marriage in case of divorce.

In detail

• Matrimonial property regimes: Besides the statutory community of accrued gains, couples can also agree on separation of property or community of property.
• Business protection: Self-employed people can contractually arrange that a business does not need to be divided in a divorce.
• Waiving maintenance: Post-marital support can, within limits, be contractually excluded or limited.
• Adjusting pension equalisation: Couples can contractually modify the automatic equalisation of pension entitlements.
• Notarisation: A prenuptial agreement must be notarised to be legally valid.
• Unconscionability: Courts can declare individual clauses invalid if they unreasonably disadvantage one partner.
• Timing: A prenuptial agreement can be concluded before or during the marriage, not only at the point of divorce (scheidung-ablauf-und-grundlagen, steuerklassen-und-lohnsteuer).