Was versteht man unter einem Ehevertrag und welche Vorteile bietet er?

Ein Ehevertrag ist eine rechtliche Vereinbarung zwischen Ehepartnern, die finanzielle und rechtliche Aspekte der Ehe sowie einer möglichen Scheidung regelt. Er dient dem Schutz vor Vermögensverlusten, vermeidet langwierige Scheidungsverfahren und behandelt Themen wie Unterhalt, Zugewinnausgleich und Altersvorsorge.

Wann ist der geeignete Zeitpunkt für den Abschluss eines Ehevertrags?

Ein Ehevertrag kann vor, während oder nach der Eheschließung erstellt werden. Besonders sinnvoll erscheint er mir für Unternehmer, Doppelverdiener, Ehepartner mit erheblichem Vermögen oder solchen mit Kindern aus früheren Beziehungen, um finanzielle Streitigkeiten zu vermeiden.

Welche Regelungen können in einem Ehevertrag festgelegt werden?

Ein Ehevertrag regelt bedeutende rechtliche Aspekte einer Ehe: die Wahl des Güterstands (Zugewinngemeinschaft, Gütertrennung oder modifizierte Zugewinngemeinschaft), Unterhaltsregelungen, den Versorgungsausgleich für Rentenanwartschaften, die Vermögensaufteilung sowie Vereinbarungen zum Sorge- und Umgangsrecht.

Ist ein Ehevertrag rechtlich verbindlich?

Ja, ein Ehevertrag ist rechtlich verbindlich, sofern er den gesetzlichen Anforderungen entspricht. Regelungen, die einseitig benachteiligen, können von Gerichten als sittenwidrig angesehen und für nichtig erklärt werden.

Ist es erforderlich, dass ein Ehevertrag notariell beglaubigt wird?

Ja, ein Ehevertrag ist nur dann rechtsgültig, wenn er von einem Notar beurkundet wird. Der Notar sorgt dafür, dass ich und mein Ehepartner den Vertrag verstehen und dass er den gesetzlichen Anforderungen genügt.

Ist es möglich, einen Ehevertrag nachträglich zu ändern?

Ja, einen Ehevertrag kann ich jederzeit einvernehmlich ändern oder ergänzen. Wenn sich die wirtschaftlichen oder familiären Verhältnisse ändern, sollte ich eine Anpassung des Vertrags in Betracht ziehen.

Ist es möglich, einen Ehevertrag anzufechten?

Ja, ich kann einen Ehevertrag vor Gericht anfechten, wenn er eine offensichtliche einseitige Benachteiligung aufweist oder dem Kindeswohl zuwiderläuft. Gerichte haben die Möglichkeit, sittenwidrige Regelungen für ungültig zu erklären oder anzupassen.

Welche Kosten entstehen für einen Ehevertrag?

Die Gebühren für einen Ehevertrag setzen sich aus Notarkosten und gegebenenfalls Anwaltskosten zusammen. Die Notarkosten orientieren sich am Vermögen beider Ehepartner. Darüber hinaus können Anwaltshonorare für die Beratung und Erstellung des Vertrags anfallen.

Welche Konsequenzen ergeben sich ohne Ehevertrag im Falle einer Scheidung?

Fehlt ein Ehevertrag, tritt automatisch die Zugewinngemeinschaft in Kraft, was bedeutet, dass das in der Ehe erworbene Vermögen geteilt werden muss. Außerdem finden die gesetzlichen Bestimmungen zum Unterhalt und zum Versorgungsausgleich Anwendung, die nicht immer meinen individuellen Interessen gerecht werden.

Wo kann ich mich bezüglich eines Ehevertrags beraten lassen?

Als erfahrener Rechtsanwalt im Familienrecht stehe ich Ihnen zur Seite, um Ihren Ehevertrag zu gestalten, zu prüfen und anzupassen. Vereinbaren Sie jetzt eine persönliche Beratung, um Ihre Interessen rechtssicher abzusichern.

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Lawyer Advice Marriage Contract Cologne

Family law services

Prenuptial agreement – legal security for your marriage and protection of your assets

A prenuptial agreement establishes clear legal relationships and protects assets both during the marriage and in the event of a divorce. It prevents protracted disputes and protects spouses from financial risks. I provide comprehensive advice on the options for drafting a customized contract, review existing agreements, and enforce your rights.

A prenuptial agreement can include provisions regarding maintenance, equalization of accrued gains, division of assets, and pension equalization, and offers important protection against the dissolution of business assets, especially for entrepreneurs and the self-employed. In the event of a dispute, I examine whether a prenuptial agreement is valid and fair, or whether a challenge seems possible and reasonable.

I will explain to you in a detailed consultation whether you need a prenuptial agreement, what options are available, and where the legal limits lie. Let me support you now and protect yourself against unexpected financial risks – for a worry-free future without a war of roses.

Why a marriage contract makes sense – protection against financial risks and conflicts

A marriage contract creates clear legal relationships and protects both partners from unexpected financial consequences in the event of a divorce.

Important reasons for a prenuptial agreement:

Avoiding the breakup of assets:

Without a marriage contract, spouses automatically live in a community of accrued gains.
In the event of a divorce, the resulting equalization of accrued gains may require the sale of real estate, businesses, or other assets.
A marriage contract offers security in this regard.

Pension adjustment regulation:

Pension entitlements and retirement benefits acquired during the marriage are divided through pension equalization in the event of a divorce.
How this division is structured in the interests of both partners can be contractually agreed.

Transparency in maintenance claims:

After a divorce, a spouse may be entitled to maintenance, particularly if the separation threatens social decline.
Without a contractual arrangement, this can lead to financial imbalances. A prenuptial agreement enables a fair, transparent, and forward-looking maintenance arrangement regarding the amount, duration, and conditions.

Marriage contract as a tax-saving model

A prenuptial agreement can also offer tax advantages, especially when transferring assets.
By temporarily switching to separation of property, the equalization of accrued gains can be carried out tax-free without affecting the gift tax allowances.
This can be an effective way to transfer assets within the marriage in a tax-optimized manner.

A custom-tailored prenuptial agreement offers protection against financial uncertainty and prevents protracted disputes in the event of a divorce. Let me, an experienced family law attorney, advise you on tailor-made solutions that meet your needs.

Lawyer or notary? How to create a legally binding prenuptial agreement.

A prenuptial agreement can be concluded before the wedding, during the marriage, or even after a separation. However, to be legally valid, it must be notarized—and both spouses must be present in person at the notarization. The notary's role is limited to confirming the legal validity of the agreement.

Why a lawyer is essential for a prenuptial agreement

While the notary remains neutral, I, as a lawyer, represent my client’s interests and enforce them – within the limits of what is legally possible.
I can also take tax aspects into account and optimize the contract individually, especially if the marital property regime is affected.

When you should involve me in your prenuptial agreement

Your spouse has a lawyer – having your own legal advice ensures that your interests are protected.
Asset protection in the event of divorce – as the financially stronger spouse, you want to protect your assets.
Contractual restrictions to your detriment – your partner wants to protect his assets, which could have adverse consequences for you.
Tax optimization – especially when it comes to interventions in the marital property regime, my legal advice can secure tax advantages.

As an experienced family law attorney, I work closely with tax advisors to find the best possible solution for you. Get advice now and secure your future!

What does a prenuptial agreement stipulate? – Essential content for a legally secure agreement

A prenuptial agreement provides clarity regarding the legal and financial consequences of a marriage—both during the partnership and in the event of a divorce. It offers individual asset protection, prevents protracted disputes, and can even provide tax advantages.

Marital property regime: community of accrued gains, separation of property or community of property?

An essential aspect of a marriage contract is the determination of the property regime.
In Germany, the community of accrued gains applies as standard, but spouses can contractually agree on a modified community of accrued gains, separation of property or community of property.
The choice of the appropriate marital property regime not only affects asset protection, but can also have tax and inheritance law consequences.
An individual adjustment ensures greater financial security and planning.

Pension adjustment: retirement provision in the event of divorce

In the event of a divorce, pension entitlements acquired during the marriage are divided through pension equalization.
A marriage contract makes it possible to exclude or adapt this in order to achieve a fairer solution for both partners.
However, it should be noted that a waiver of pension equalization may subsequently become ineffective under certain circumstances.
Therefore, different scenarios should be carefully considered and contractually recorded.

Maintenance arrangements: Who pays in the event of a divorce?

With a prenuptial agreement, I can precisely define the amount, duration, and conditions of postmarital support. This protects against financial uncertainty and potential disputes after the separation.

Possible types of maintenance in the marriage contract:

Maintenance (for shared children)
Maintenance due to old age or illness
Maintenance to resume employment
Supplementary maintenance (in case of income differences)
Training and further education support
Maintenance for reasons of equity

Asset management: Who manages the joint assets?

Spouses can agree that one spouse's assets will be managed by the other.
Such agreements can also be registered in the matrimonial property register to make them legally binding.
If the statutory property regime continues to exist despite a modified community of accrued gains, restrictions on disposal apply.
<spanEin Ehepartner kann nicht ohne Zustimmung des anderen über sein gesamtes Vermögen verfügen.

Choice of law: International regulations in marriage contracts

In international marriages, the marriage contract can specify which national law will apply in the event of a divorce.
This concerns both the place of jurisdiction and the applicable law.
This arrangement is particularly useful for couples with different nationalities or places of residence.
Since complex international legal regulations apply here, I recommend consulting an experienced family law attorney.

As an experienced family law attorney, I can advise you comprehensively on your options and optimize your prenuptial agreement from both a tax and legal perspective. Let me advise you now and secure your future!

Marriage contract for every situation – common case scenarios and sensible regulations

A prenuptial agreement can be individually tailored to the spouses' personal and financial circumstances. Depending on the family and income situation, there are various contractual arrangements that ensure financial security and avoid disputes in the event of a divorce. Below are some typical scenarios in which a prenuptial agreement can be particularly beneficial:

Dual-income marriage without children or desire for children

If both partners have been living together for a long time and are financially independent, there is often a desire to completely exclude the legal consequences of divorce.
In this case, I can contractually agree that neither equalization of accrued gains, equalization of pensions nor post-marital maintenance will apply.
This means that the respective assets remain completely separate.

Dual-income couple wanting children

A two-stage marriage contract could be useful here:

Before the birth of a child: Exclusion of the consequences of divorce in order to preserve the financial independence of both partners.
After the birth of a child: The exclusion is lifted to protect the parent who is primarily responsible for the child's care. This may include provisions for maintenance and equalization of accrued gains.

Entrepreneurial marriage: protection of business assets

If one of the spouses is an entrepreneur or self-employed, the business assets should be excluded from the equalization of accrued gains in the marriage contract.
Otherwise, the company could be economically endangered in the event of a divorce.
In addition, simplified arrangements can be made for pension equalization and divorced maintenance to avoid unforeseeable burdens.

Asset protection in marriage: “Rich marries poor”

If a partner wishes to enter into the marriage with considerable assets, there is often a desire that future increases in value should not be included in the equalization of accrued gains.
Parents of wealthy spouses in particular often want to avoid family assets being divided in the event of a divorce.
A marriage contract can create clear regulations to specifically protect assets.

A custom-tailored prenuptial agreement offers protection against financial risks and creates clarity – both during the marriage and in the event of a separation. I will personally advise you on how to structure your prenuptial agreement in the best possible way, both legally and tax-wise. Let me advise you now and secure your future!

How much does a prenuptial agreement cost? – Notary fees, lawyer fees, and legal pitfalls

The costs of a prenuptial agreement consist of notary fees and, if applicable, attorney and tax advisor fees. While notary fees are set by law, I can negotiate my fees individually.

Notary fees: Notarization of a marriage contract

A marriage contract is only valid if it is notarized.
The notary fees are based on the business value, which according to Section 100 GNotKG comprises the sum of the current assets of both spouses less certain liabilities.
A double fee is charged on this net worth.

Example calculation: The notary fees for a marriage contract depend on the net assets of the spouses. According to KV No. 21100 GNotKG, a double fee is charged, plus VAT.

Net worth: EUR 40,000
Notary fee: 290 EUR
Total including VAT: approx. 345 EUR

Lawyers' and tax advisors' fees

Drafting or reviewing a prenuptial agreement by me as a lawyer incurs additional costs. These are freely negotiable and usually depend on:

Time spent working as a lawyer
Spouses' assets and income
Tax implications, which can be optimized by a tax advisor if necessary
Should a marriage contract be contested or invalidated? Consider the legal risks

A prenuptial agreement helps clarify the consequences of a divorce early on—particularly with regard to the equalization of accrued gains, pension rights, and maintenance issues. I recommend consulting a family law attorney to avoid legal pitfalls and best protect your financial interests.

Contesting or declaring a marriage contract invalid – Under what circumstances is this possible?

Despite the freedom of contract prevailing under civil law, prenuptial agreements are subject to judicial review of their content. This means that certain clauses or even the entire agreement may be invalid if they unreasonably disadvantage one spouse. An incorrect or one-sided drafting may result in courts amending individual provisions or declaring the entire prenuptial agreement void.

A prenuptial agreement may be invalid if it contradicts fundamental legal principles. This applies in particular to:

Child support and separation maintenance, as these areas are only within the control of the spouses to a limited extent.
Property law, which is in principle freely configurable by contract, but is subject to a substantive review.
A one-sided distribution of burdens that represents an unreasonable disadvantage to one spouse.

The Federal Constitutional Court has ruled that a marriage contract may not violate the principle of equal civil partnership.

If there is a blatant imbalance, the contract can be declared immoral and therefore invalid.
The Federal Court of Justice (BGH) also emphasizes that an obviously one-sided distribution of burdens cannot be justified by individual life circumstances.

Characteristics of unreasonable discrimination

Objective criteria:

Gross imbalance in the contractual arrangements
Prohibition of unilateral burden sharing
Lack of balance in the agreements

Subjective criteria:

Structural inferiority of a spouse at the time of contract conclusion
One-sided dominance or pressure situation
Unequal negotiating position
Reversal of self-determination into external determination

Child welfare as a decisive factor

When examining the validity of a marriage contract, I consider not only the relationship between the spouses, but also the welfare of the child.
Rules that unreasonably restrict children's financial rights may be immoral and unenforceable.
The decisive factor is always the individual case.

Subsequently adapting a marriage contract – The amendment procedure

If a court has found a marriage contract to be immoral, it remains invalid in principle.
However, there is the possibility of a modification procedure if the financial circumstances of the spouses have changed significantly.
In such cases, a reassessment of the contract contents may be necessary.

Drafting a prenuptial agreement requires legal precision to prevent subsequent contestability or invalidity. As a family law attorney, I will review your prenuptial agreement for legal security, fairness, and enforceability. Consult me now to avoid future legal disputes!

Additional contract options for spouses and partners

In addition to the prenuptial agreement, which is usually concluded before or during the marriage, there are numerous other contractual arrangements that spouses and partners can use to protect their legal and financial interests. These arrangements help avoid disputes and create clarity – whether during separation, after divorce, or in the event of inheritance.

Separation agreement – regulation of the circumstances during the separation

After a separation, the legal framework changes, but the consequences of the divorce only take effect once the divorce has become legally binding.
A separation agreement can clarify important issues such as maintenance payments, the use of the marital home or how to deal with joint debts and thus avoid future conflicts.

Divorce agreement – legal certainty after the divorce

If no prenuptial agreement has been concluded, a divorce settlement agreement can clearly regulate the financial and legal consequences of a divorce.
These include maintenance, equalization of accrued gains, division of assets and custody.
This contractual agreement can significantly speed up the divorce process and avoid costly legal proceedings.

Partnership agreement – legal protection for unmarried couples

For unmarried couples, a partnership agreement is an alternative to a marriage contract.
Since different legal provisions apply to civil partnerships, they can stipulate financial relationships, maintenance or regulations regarding shared property.
A precise contract drafting prevents disputes in the event of a separation.

Spousal will and inheritance contract – legally secure inheritance arrangements

The topics of marriage, divorce, and inheritance law are closely intertwined. A marital will or inheritance contract ensures that, in the event of death, assets are inherited according to the wishes of the spouses.
A waiver of the statutory share is often agreed upon in order to ensure orderly succession planning.

Power of attorney and care directive – protection in the event of a crisis

With a power of attorney and a care directive, spouses can protect each other in the event of an emergency, should one of them no longer be able to make their own decisions due to illness or accident.
These documents are a useful addition to the marriage contract and ensure that important matters such as medical decisions or financial arrangements are made in the best interests of the partner.

Marriage contracts, separation agreements, or inheritance contracts – contractual arrangements provide security and clarity in a partnership. As a family law attorney, I provide individualized advice and support you in developing customized solutions that optimally protect your interests. Let me advise you now and shape your future with legal certainty!

Make an inquiry now

We would be happy to advise you comprehensively and personally on your concerns.

Your family law attorney – marriage contracts, divorce agreements and legal protection

A customized prenuptial agreement or an agreement regarding the consequences of a divorce provides clarity and protects against financial risks in the event of a separation. As an experienced family law attorney, I can provide comprehensive advice on drafting, reviewing, and enforcing prenuptial agreements.

My services in the area of marriage contracts and family law:

Preparation of marriage contracts as well as separation and divorce agreements

I develop individual solutions for spouses and partners to regulate maintenance, asset division and gain in a fair and legally secure manner.

Review of existing marriage contracts and expert opinions

I analyze your marriage contract for effectiveness, fairness, and potential risks – including potential future contestability or tax disadvantages.

Enforcement of claims arising from marriage contracts

Whether it is maintenance claims, equalization of accrued gains or other contractual claims – I will enforce your rights out of court or in court.

Contesting marriage contracts due to immorality

If a marriage contract contains unreasonable disadvantages, I will examine the possibility of contesting it or seeking judicial adjustment.

Tax advice and optimization of marriage contracts

Prenuptial agreements can often have tax implications – I work with tax experts to find the best solution for you.

Drafting of partnership and inheritance contracts

Unmarried couples or spouses with estate planning benefit from tailor-made partnership or inheritance agreements that create clear provisions for the future.

Whether it's a prenuptial agreement, a divorce settlement, or an inheritance contract – with the right legal structure, I can protect your assets and prevent protracted disputes. As a family law attorney, I'm at your side with my knowledge and experience. Contact me for a personal consultation!

What is a marriage contract and what advantages does it offer?

A prenuptial agreement is a legal agreement between spouses that governs financial and legal aspects of the marriage and a potential divorce. It serves to protect against asset losses, avoids lengthy divorce proceedings, and addresses issues such as alimony, equalization of accrued gains, and retirement planning.

When is the right time to conclude a marriage contract?

A prenuptial agreement can be drawn up before, during, or after the marriage. I find it particularly useful for entrepreneurs, dual-income couples, spouses with significant assets, or those with children from previous relationships to avoid financial disputes.

What provisions can be set out in a marriage contract?

A marriage contract regulates important legal aspects of a marriage: the choice of property regime (community of accrued gains, separation of property or modified community of accrued gains), maintenance arrangements, pension equalization for pension entitlements, the division of assets and agreements on custody and visitation rights.

Is a marriage contract legally binding?

Yes, a prenuptial agreement is legally binding as long as it complies with legal requirements. Provisions that discriminate against one party may be deemed unconscionable by the courts and declared void.

Is it necessary for a marriage contract to be notarized?

Yes, a prenuptial agreement is only legally valid if it is certified by a notary. The notary ensures that I and my spouse understand the agreement and that it meets legal requirements.

Is it possible to change a marriage contract retroactively?

Yes, I can amend or supplement a prenuptial agreement at any time by mutual consent. If my financial or family circumstances change, I should consider adjusting the agreement.

Is it possible to contest a marriage contract?

Yes, I can challenge a prenuptial agreement in court if it clearly discriminates against one party or is contrary to the child's best interests. Courts have the power to declare immoral provisions invalid or amend them.

What are the costs of a prenuptial agreement?

The fees for a prenuptial agreement consist of notary fees and, if applicable, attorney fees. Notary fees are based on the assets of both spouses. In addition, attorney fees may be charged for consultation and drafting the agreement.

What are the consequences in the event of a divorce without a prenuptial agreement?

If there is no prenuptial agreement, the community of accrued gains automatically applies, meaning that the assets acquired during the marriage must be divided. Furthermore, the statutory provisions regarding maintenance and pension equalization apply, which do not always meet my individual interests.

Where can I get advice about a prenuptial agreement?

As an experienced family law attorney, I am at your side to draft, review, and amend your prenuptial agreement. Arrange a personal consultation now to ensure your interests are legally protected.