Marriage Agreement Germany

This means that all the wealth (heritage) that the spouse brings to a marriage or that that spouse receives in the form of a gift or inheritance during the marriage will be automatically compartmentalized under German law. Only gains made during the marriage are distributed in the event of a divorce. In general, a marriage gives couples control over what can happen. This is not the most pleasant subject to ponder, especially when a wedding goes well, but it must be considered an assurance. The creation of a fair marriage contract will help reduce the risk of bitter and chaotic divorce proceedings. By using a legal expert with knowledge in this area, with careful balancing and open communication, spouses should be able to formulate a mutually acceptable contract. London is considered the divorce capital of the world because English law and English family courts are known to allocate large sums of money to the “poorer” spouse. The principles of “equal in dissent” and “clean breakup” law moved many celebrities and other wealthy people to cry when the marriage became angry and the less famous and not so wealthy spouse sought divorce in England. Obviously, you don`t want to think about a divorce before or at the beginning of a marriage. However, it may be time to ensure that divisions are in the best interests of both parties. The development of a fair marriage agreement, when times are good, can help prevent potentially damaging legal proceedings in the future. While the 2010 decision on counter-granatino cyclists highlighted the need to charge foreign pre-marriages and marriage contracts “of considerable importance”, such agreements may even, in some cases, have a “decisive or imperative weight”. But, and this is the difference with German law, these foreign marriage contracts are still not legally binding under English law.

German diplomatic and consular representations regularly refer to matrimonial law in their host country. This information will then be forwarded to the Federal Administrative Office in Cologne, which develops five brochures on this topic for Europe, North America, Latin America, Asia/Australia and Africa. These leaflets entitled “The Germans marry in … (Germans marry …) can be obtained on the website of the Federal Office of Administration. On this page, basic information on marital agreements is described in German law. She will answer the following questions: Mr. A and Ms.B are divorcing. Within the accumulated assets community, the benefits of marriage are distributed among the spouses. First, each spouse`s earnings must be calculated within the marriage. Marriage contracts are regulated by law under section 1408 of the BGB. It is specified that the agreement can be signed before the wedding or during the marriage.

Although no defined model is provided, since the content of the marriage contracts is individual, the BGB stipulates that the agreement must be signed in the presence of a notary in order for it to be considered legally binding.