Marriage contracts offer married couples an effective way of regulating property and maintenance issues for the future.
Contents of a marriage contract
In a marriage contract, spouses can make a variety of agreements relating to pension equalisation, post-marital maintenance, the right to bear a name and matrimonial property law.
Advantages of a marriage contract
With a prenuptial agreement, you replace undefined legal regulations with your own ideas for your marriage by opposing the unstable will of the legislator with your own ideas.
For whom is a prenuptial agreement useful?
A prenuptial agreement is a good way for future spouses to avoid disputes in the event of separation and undesirable consequences of changes to the law. However, a prenuptial agreement can also be concluded or amended during a marriage.
The development of such Marriage contractswhich are customised according to the needs of the client, is part of the practice of all our lawyers.
A closer look at the reasons for a prenuptial agreement
A prenuptial agreement is not considered romantic by many. The most urgent concern of our law firm is not to strengthen the reputation of the marriage contract in this respect. Rather, we would like to explain to you why a prenuptial agreement means security for both parties, because the law is not a good place to rest on your laurels in this respect.
Legal mission statement
The legal regulations on marriage are largely tailored to a case that the legislator has singled out as exemplary. This involves two previously single people, neither of whom owns or will own any property. They own roughly the same assets. In addition, after the birth of a child, they both plan to return to full-time employment as employees subject to social security contributions, as they have done previously.
In reality, however, this leitmotif only applies to a small subset of all marriages.
The existing marriage in political change
In addition, marriage law is undergoing dynamic change to reflect new political ideas of the legislator. Assuming that the situation of young married couples ten years ago corresponded to the legal model, this does not mean that the legal requirements in the event of separation have remained the same. Pension entitlements, for example, may have changed fundamentally with short deadlines for "grandfathering".
Marriage contract in the interests of both
The circumstances in a marriage, especially if it has existed for many years, change. The goals of the partners change, as do their assets, which do not always develop equally on both sides. You can take these circumstances into account with a prenuptial agreement. In many areas, you can independently organise what you as spouses consider to be right.
For this reason, we offer you comprehensive advice on the - perhaps only superficially less romantic - subject of marriage contracts.
Limits of marriage contracts
In principle, freedom of contract applies, according to which the parties are free to deviate from the statutory provisions through their own agreements. However, the limits of this principle must be observed. These have been developed by case law and are intended to prevent an evidently one-sided distribution of burdens.
A well-founded legal advice Counselling with a view to the individual circumstances of the client, takes into account in this context the Childcare maintenancethe Sickness and old-age maintenance and the Pension equalisationthe Maintenance due to unemployment and much more.