Prenuptial Postnuptial Agreements under German law serve as essential tools for couples to regulate their financial relationships either before or during marriage. These agreements are particularly important for individuals with significant assets, business interests, international connections, or complex financial situations. The document must be executed before a German notary to be legally valid and typically includes provisions on property regime selection, asset division, maintenance obligations, and pension rights. German law provides significant freedom of contract in matrimonial matters, while ensuring certain protective mechanisms remain in place. The agreement must comply with the German Civil Code (BGB) and related legislation, and special consideration should be given to international aspects when one or both parties have foreign connections.
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1. Parties: Identification of both parties to the agreement including full legal names, addresses, and birth dates
2. Background: Context of the agreement, including whether it's pre- or post-nuptial, date of marriage/intended marriage, and general purpose
3. Definitions: Key terms used throughout the agreement, including legal German terms and their translations if relevant
4. Property Regime Selection: Clear statement of chosen property regime (e.g., separation of property, modified gain community) and deviation from statutory regime
5. Pre-marital Assets: Declaration and treatment of assets owned by each party before marriage
6. Future Asset Treatment: Rules for handling assets acquired during marriage and their classification
7. Income and Earnings: Treatment of income, salary, and business profits during marriage and upon dissolution
8. Debts and Liabilities: Handling of existing and future debts, credit obligations, and financial responsibilities
9. Maintenance Obligations: Provisions regarding spousal support during marriage and in case of separation or divorce
10. Pension Rights Adjustment: Agreement on handling of pension and retirement benefits (Versorgungsausgleich)
11. Inheritance Rights: Basic provisions regarding inheritance rights between spouses
12. Governing Law: Explicit statement of German law application and jurisdiction
13. Severability: Standard clause ensuring validity of remaining provisions if parts are found invalid
14. Execution: Formal execution requirements including notarization statement
1. International Aspects: Required when one or both parties have foreign nationality or assets abroad, addressing choice of law and jurisdiction
2. Business Assets: Needed when one or both parties own business interests, protecting business assets and operations
3. Children's Provisions: Required when there are children from previous marriages or expected children, addressing inheritance and support
4. Real Estate: Needed when parties own or plan to acquire significant real estate, addressing ownership and disposal rights
5. Intellectual Property: Required for couples where one or both have significant IP rights or creative professions
6. Family Business Protection: Needed when family business interests need to be protected from division in divorce
7. Religious Marriage Provisions: Required when parties wish to incorporate religious marriage requirements
8. Future Inheritance Expectations: Needed when significant inheritance is expected during marriage
9. Relocation Provisions: Required when international relocation is planned or possible
1. Schedule A - Pre-marital Assets: Detailed inventory of each party's assets and their values at time of marriage
2. Schedule B - Business Interests: Detailed description of business holdings, valuations, and specific provisions
3. Schedule C - Real Estate: List and details of real estate owned by either party
4. Schedule D - Debts and Liabilities: Comprehensive list of existing debts and financial obligations
5. Schedule E - Pension and Insurance: Details of pension rights, life insurance, and other retirement benefits
6. Schedule F - Inherited Assets: List of assets received through inheritance and their agreed treatment
7. Appendix 1 - Asset Valuation Reports: Independent valuations of significant assets
8. Appendix 2 - Business Valuation: Professional valuation reports for business interests
9. Appendix 3 - Supporting Documents: Copies of relevant certificates, titles, and other supporting documentation
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