Business · Companies · 4 hrs ago
When a marriage contract may help couples in Germany
In Germany, couples who marry without a tailored agreement automatically follow the legal property regime called a community of accrued gains.
If they divorce, they generally share the wealth built up during the marriage, while gifts and inheritances are excluded.
An increase in the value of a business or property can count, even if the property was bought before the wedding.
Pension entitlements are also divided, and a former spouse may be entitled to maintenance.
A marriage contract can adjust these rules, for example by excluding certain business shares or property from the calculation or setting maintenance arrangements.
The contract cannot unfairly disadvantage one partner, and a court can reject terms it considers unacceptable.
The costs vary by case, and couples can document their assets on the wedding day to help establish what each brought into the marriage.
In Germany, couples who marry without an individual marriage contract are subject to the legal default property regime of community of accrued gains.
At divorce, gains made during the marriage are generally balanced between spouses, while gifts and inheritances are excluded.
A contract can modify these rules, including by excluding certain business shares or property from the calculation.
Contracts may also set out support payments, including arrangements to compensate a partner for reducing work to care for children.
A contract must not unfairly disadvantage one partner, or a court may rule it invalid.
- Who
- Couples in Germany considering whether to make an individual marriage contract.
- What
- The article explains the default rules, possible contract terms and costs. The article text provided does not give specific costs.
- When
- The rules apply after marriage and may affect a couple if they divorce.
- Where
- Germany.
- Why
- A contract may help tailor the legal defaults to a couple’s circumstances, including business assets, property and care responsibilities.
This story does not have two clearly opposing sides.
If the initial assets are not documented, the court calculates the accrued gains using zero euros.
In principle, everything can be regulated in such a contract – as long as one partner is not completely disadvantaged.
They can work out what it means for their career and income if they reduce their working hours to care for children.
I place great importance on a detailed preamble in my contracts.
This story does not have a timeline yet.
- Default property regime
- Community of accrued gains
- Gifts and inheritances
- Excluded from the accrued-gains calculation
- Example of gains
- An increase from €100,000 to €300,000 could result in a €100,000 payment to the other spouse
- Contract limits
- A court may rule a contract invalid if it completely disadvantages one partner
- Legal source
- Handelsblatt |
Sources
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