Prenuptial agreement: Financial provision in a partnership

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

Prenuptial agreement provides relief in the event of separation

Married couples 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 several years of marriage, this can help to avoid costly evidence-gathering, calculate compensation claims, or divide household goods fairly.

In the event of a separation, the partners can also specify the extent to which the pension entitlements accrued during the marriage are to be equalized. For example, the marriage contract can specify in detail that a pension rights equalization This means that individual spouses can make private pension provisions without fear of having to share them in the event of divorce.

Read here, When a prenuptial agreement makes sense—and when it is considered unethical.

Establish spousal support by contract

Also maintenance issues can be clarified in a marriage contract. For the duration of the marriage, it is possible to stipulate how much both spouses are to contribute to the joint household if the finances are to remain separate. In addition, they can establish rules for crisis situations such as illness or unemployment. They can also determine how alimony should be paid in the event of separation or after divorce. Post-marital alimony can, for example, be limited in terms of time and amount. The partners can also waive it completely.

Prenuptial agreement or not? Notarial advice helps

When it comes to financial issues relating to marriage and marriage contracts, the case law is particularly extensive and complex, which is why those wishing to marry should seek advice from a notary. Only one is valid. notarized prenuptial agreement. Just like a will or powers of attorney, spouses should have their individual contract reviewed by a notary every five to ten years to determine whether it is still up to date or needs to 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/.