Establishment of a marriage contract
A marriage contract can be concluded before marriage, a prenuptial agreement, during the marriage and even after separation. It is effective only if it has been notarized and both spouses are present at the same time. In that regard, the participation of the notary is required.
However, the notary does not ensure that the marriage contract is particularly well-balanced, nor does he represent the interests of one of the spouses. Only the consulting lawyer is obligated to his client to the extent that he enforces the interests of his client – as far as is legally possible. He may and must, therefore, be partisan.
In addition, the involvement of a lawyer is also required if the tax effects of a marriage contract, for example, on real estate or business assets are observed. The lawyer with relevant tax know-how advises you in this regard, the notary, however, not.
What does the marriage contract regulate?
The following topics can be regulated in the marriage contract:
Matrimonial property: property separation or property community?
An important part of a contract between spouses is the agreement of the appropriate matrimonial property.
When choosing the appropriate matrimonial property not only aspects of asset protection but also tax and even inheritance issues are in focus.
Pension equalization: what happens to old-age provision?
The pension equalization with regard to statutory and private pensions can in principle be excluded or modified by contract. It is also possible to agree on regulations on pension equalization, which are subject to family law approval.
It should be noted that an original marriage contract waiver can be retrospectively void if the conditions in the marriage do not develop as expected. Therefore, as many scenarios as possible should be discussed and, if necessary, regulated in the design of the marriage contract.
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