Divorce and nothing settled - too late?

On average, around one in three marriages in Germany ends in divorce. This affected around 137,400 couples in 2022 alone. A clear, amicable and, above all, peaceful settlement of the situation is important for the spouses and the children who are particularly affected.

In order to initiate a divorce, an application must be made to the family court. After examining the necessary conditions, the court will then pronounce the divorce. Dr. Fanny Wehrstedt, Managing Director of the Saxony-Anhalt Chamber of Notaries, adds: "However, this does not preclude the separating spouses from settling the consequences of their divorce by mutual agreement in advance."

Notarized marriage contract

Ideally, the couple will have taken precautions and concluded a notarized marriage contract "in good times", with which they have secured themselves for the worst-case scenario and created the framework conditions for the impending break-up of the marital partnership. In order to conclude an effective marriage contract, it is essential to go to a notary. "Marriage contracts that are not notarized are invalid," warns Wehrstedt. The legislator has mandated notarization in order to ensure impartial legal advice and because very far-reaching economic arrangements can be made.

Too late for a prenuptial agreement?

A prenuptial agreement can be concluded at any time, whether before the marriage or during the marriage, but also if the spouses have already said goodbye to the idea of growing old together. Even if the marriage is already at risk and the spouses consider separation to be possible or very likely, it is possible to conclude a prenuptial agreement to regulate the consequences of divorce.

Amicable settlement

"With the divorce settlement agreement, the spouses can agree, for example, on post-marital maintenance, pension equalization, any claims to equalization of gains and also on custody of joint children - they can decide together how they want to deal with each other in the future," explains Wehrstedt. Important: In most cases, the agreement on the consequences of divorce must also be notarized by a notary, who will advise you in advance on possible alternative arrangements.

Costs

The costs for all notarial services are regulated by law. The costs for a divorce settlement agreement depend on the financial circumstances and the aspects to be settled. Wehrstedt points out the following: "A notarized agreement on the consequences of divorce can also save costs, as it prevents lengthy and expensive disputes, shortens the divorce proceedings in court and can save legal fees."

You can find further press releases from the media association on all topics related to the notary's office in the Press portal of the media association of the chambers of notaries.