What is a Prenuptial Agreement in Germany and Why Do You Need One?
A Prenuptial Agreement, also called a premarital agreement, is a legal document that sets out the terms of a couple`s property ownership and financial responsibilities in the event of a divorce. In Germany, Prenuptial Agreements are known as Eheverträge and are governed by the German Civil Code (BGB).
Why do you need a Prenuptial Agreement in Germany? The answer is simple – to protect your assets and avoid disputes in case of a divorce. While no one wants to think about the possibility of their marriage ending, when it comes to property and finances, it`s better to be safe than sorry. A Prenuptial Agreement can help you avoid lengthy and costly court battles over assets and debts.
What can be included in a Prenuptial Agreement? In Germany, couples can agree on a variety of issues related to their property and finances. These can include:
– How property acquired before and during the marriage will be distributed in case of a divorce
– How debts acquired before and during the marriage will be divided
– How alimony will be paid in case of a divorce
– How inheritance will be dealt with in case of a spouse`s death
– How the couple`s joint business interests will be dealt with in case of a divorce
It is important to note that a Prenuptial Agreement cannot include any provisions that violate German law or public policy. For example, it cannot limit a spouse`s right to child support or waive a spouse`s right to maintenance entirely.
How to create a Prenuptial Agreement in Germany? In order for a Prenuptial Agreement to be legally binding in Germany, it must meet certain requirements. These include:
– The agreement must be in writing and signed by both parties
– Each party must have independent legal advice
– The agreement must be notarized by a German notary public
It`s important to work with an experienced attorney when creating a Prenuptial Agreement in Germany. They can help you navigate the legal requirements and ensure that your agreement meets your needs.
In conclusion, creating a Prenuptial Agreement in Germany can provide peace of mind and protection for couples who want to safeguard their assets and finances in case of a divorce. By outlining the terms of a potential divorce in advance, couples can avoid lengthy and costly disputes and focus on rebuilding their lives separately. So, if you`re planning on getting married in Germany, consider creating a Prenuptial Agreement with the help of an experienced attorney.