{"id":2307,"date":"2025-01-30T09:30:50","date_gmt":"2025-01-30T08:30:50","guid":{"rendered":"https:\/\/sawade.notarwebsite.de\/vorsicht-ist-besser-als-nachsicht-warum-ein-vorsorgender-ehevertrag-sinnvoll-ist\/"},"modified":"2025-01-30T09:30:50","modified_gmt":"2025-01-30T08:30:50","slug":"vorsicht-ist-besser-als-nachsicht-warum-ein-vorsorgender-ehevertrag-sinnvoll-ist","status":"publish","type":"post","link":"https:\/\/notar-sawade.de\/en\/vorsicht-ist-besser-als-nachsicht-warum-ein-vorsorgender-ehevertrag-sinnvoll-ist\/","title":{"rendered":"Better safe than sorry \u2013 why a precautionary prenuptial agreement makes sense"},"content":{"rendered":"

When getting married, most couples focus on their personal relationship and their future together. However, marriage also entails a number of rights and obligations. For this reason, it makes sense to consider the legal consequences of marriage at an early stage. A notarized marriage contract allows these to be adapted to specific personal circumstances\u2014a tailor-made solution for good times and bad.<\/strong><\/p>\n

Act in good time instead of arguing later<\/h3>\n

A prenuptial agreement is often mistakenly associated with separation, but it is actually a tool for providing for and protecting oneself. \u201eA prenuptial agreement can prevent disputes and minimize financial risks by clearly, fairly, and individually defining the financial consequences of marriage,\u201c explains Robert Jakob, managing director of the Saxony-Anhalt Chamber of Notaries.<\/p>\n

It is also possible to conclude a marriage contract only at the time of separation as a so-called separation or divorce agreement. At this point, however, it is often more difficult or even impossible to find an amicable solution. Married couples should therefore consider the legal and economic framework conditions of their partnership in good time.<\/p>\n

Does that even apply to us?<\/h3>\n

A precautionary marriage contract is not only useful for wealthy individuals and entrepreneurs. \u201eWithout individual arrangements, the legal regulations apply, which do not always correspond to the spouses\u201c wishes. Expert advice from a notary is essential here,\" emphasizes Jakob.<\/p>\n

Unless the spouses agree otherwise, the statutory matrimonial property regime of community of accrued gains applies. The matrimonial property regime regulates the allocation of the spouses' assets during and after the marriage. Under the statutory matrimonial property regime, the assets acquired by each spouse during the marriage belong to them alone. Each spouse is also only liable for their own debts. However, when the community of accrued gains ends, the increase in assets during the marriage is compensated. In many cases, this is not in the interests of the parties or is undesirable for other reasons. In addition to the matrimonial property regime, arrangements can also be made regarding post-marital maintenance, custody of joint children, the marital home, or old-age provision\u2014in particular, pension rights equalization.<\/p>\n

Notarial advice as a mark of quality<\/h3>\n

The drafting of a prenuptial agreement can prove particularly complicated in cases involving international aspects, blended families, differences in income or assets, or business interests. Prenuptial agreements must be balanced and must not place an unreasonable burden on either party. Impartial advice and notarization by a notary public ensures that a prenuptial agreement meets these requirements. It guarantees that the couple's wishes are implemented in a legally secure manner and that the agreements reached correspond to their actual living circumstances.<\/p>\n

\u201eEvery marriage contract must be notarized. For this reason alone, all notaries are specialists in this field. Legal advice for both spouses is included and is part of the notarization process. The additional engagement of a lawyer is therefore only necessary if one spouse wishes to receive unilateral, biased advice in individual cases,\u201c says Jakob, correcting a piece of misinformation that has been repeatedly and recently published in the magazine Finanztest (issue 11\/2024). \u201eAs impartial specialists, notaries are the right people to contact for an amicable solution in the interests of both parties.\u201c<\/p>\n

More information and images on this and other topics can be found on the website of the media network of the chambers of notaries at www.medienverbund-notarkammern.de<\/em><\/a>.<\/em><\/p>\n

\u00a0<\/p>","protected":false},"excerpt":{"rendered":"

When getting married, most couples focus on their personal relationship and their future together. However, marriage also comes with a number of rights and obligations. For this reason, it makes sense to consider the legal consequences of marriage at an early stage. A notarized marriage contract allows these to be tailored to specific personal circumstances.<\/p>","protected":false},"author":0,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[1],"tags":[],"class_list":["post-2307","post","type-post","status-publish","format-standard","hentry","category-allgemein"],"_links":{"self":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts\/2307","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/types\/post"}],"replies":[{"embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/comments?post=2307"}],"version-history":[{"count":0,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/posts\/2307\/revisions"}],"wp:attachment":[{"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/media?parent=2307"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/categories?post=2307"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/notar-sawade.de\/en\/wp-json\/wp\/v2\/tags?post=2307"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}