Marriage contract: Financial provision in the partnership

Westphalian Chamber of Notaries. Many people associate a prenuptial agreement exclusively with the thought of a possible separation. However, such a written agreement can also be useful during a happy marriage and create security for both partners. Should the relationship nevertheless end one day, a well-thought-out prenuptial agreement often proves helpful. The clear rules can provide transparency at an emotionally stressful time and make it easier for both partners to move on to a new phase in their lives.

Marriage contract relieves the burden of separation

Spouses can document in a prenuptial agreement who owns which assets at the beginning of the marriage and how much they are worth. If they separate after a few years of marriage, this can help to avoid expensive taking of evidence, calculate equalization claims or divide the household effects fairly.

In the event of separation, the partners can also stipulate the extent to which pension entitlements earned during the marriage are to be settled. For example, the marriage contract can stipulate in detail that a Pension equalization is limited. This allows the individual spouses to make private pension provisions without fear of having to divide them in the event of divorce.

Read here, When a marriage contract makes sense - and when it is considered immoral.

Establishing spousal maintenance by contract

Also Maintenance issues can be clarified in a prenuptial agreement. For the time during the marriage, for example, it can be stipulated how much both spouses have to contribute to the joint household management if the funds are otherwise to remain separate. They can also lay down rules for crisis situations such as illness or unemployment. They can also determine how maintenance is to be paid in the event of separation or after divorce. For example, post-marital maintenance can be limited in terms of time and amount. The partners can also waive it completely.

Marriage contract or not? Notarial advice helps

The case law on financial matters relating to marriage and marriage contracts is particularly extensive and complex, which is why those wishing to marry should seek advice from a notary. Only one is valid Notarized marriage contract. Just like a will or power of attorney, spouses should have their individual contract reviewed by a notary every five to ten years to see whether it is still up to date or should be amended.

If you would like advice on this topic from a notary in advance, you can find it on the Internet at https://notar.de/ the right contact person. You can also visit the online consumer portal of the Chamber of Notaries at https://ratgeber-notar.de/.