Drafting of marriage contracts and divorce settlement agreements
With a marriage contract or a divorce settlement agreement, spouses can determine the financial consequences of their marriage themselves. A well-considered agreement creates clarity and can prevent later disputes. We advise you, draft the provisions and support you through to notarisation.
The key points at a glance
Marriage contract
By means of a marriage contract, spouses can determine their matrimonial property regime, for example by agreeing separation of property or modifying the community of accrued gains (§ 1408 BGB). Provisions on maintenance and the pension rights adjustment may also be included. The marriage contract must be concluded before a notary with both parties present at the same time (§ 1410 BGB).
Limits of contractual freedom
Marriage contracts are subject to judicial review of their content. Provisions that unilaterally and unreasonably disadvantage one spouse – particularly in core areas such as childcare maintenance or retirement provision – may be invalid or subject to adjustment. A balanced arrangement that takes account of the couple’s life plans is therefore essential.
Divorce settlement agreement
In connection with a separation, spouses can settle maintenance, accrued gains, the pension rights adjustment, the marital home and household effects by agreement. Agreements on the equalisation of accrued gains made before the divorce becomes final must be notarised or recorded by the court (§ 1378 Abs. 3 BGB). Corresponding formal requirements apply to agreements on the pension rights adjustment and post-divorce maintenance.
Role of the firm
We do not act as notaries. We advise you on the content, draft the agreement or review drafts, and coordinate the text with the notary who will notarise it.
How we proceed
We discuss your personal and financial situation and your wishes, and explain the statutory consequences in the absence of a contract.
We draft suitable provisions or review an existing draft for balance, risks to validity and gaps.
We coordinate the agreement with the other party and the notary and explain the final text to you before the notarisation appointment.
Frequently asked questions
Can a marriage contract also be concluded during the marriage?
Yes, a marriage contract can be concluded before the marriage and at any time during it. Existing contracts can also be amended or revoked by mutual agreement, in each case in notarial form.
Is a private written agreement sufficient on separation?
For many points, no. Provisions on accrued gains, the pension rights adjustment and post-divorce maintenance made before the divorce becomes final are formally invalid without notarisation or recording by the court.
Your contact
Talk to us.
Gewürzmühlstraße 5 · 80538 Munich