In addition, our company appreciates the value of communication and for this reason we can offer our services in a number of languages such as English, French, Spanish, Russian, Turkish and Portuguese, as well as German. Our lawyers will provide you with comprehensive support when it comes to breaking the law, communicating issues in an understandable way, and providing excellent support both within and outside the court. If you are looking for help in the field of marriage contracts or other legal issues, please contact Schlun & Elseven using the contact details below this article. For many people, marriage contracts tend to affect celebrities. However, such legal arrangements do not only apply to wealthy individuals and should at least be considered by all married couples – and soon married couples. The marriage contract is a legal response to the modern realities of marriage – that, unlike the more traditional form of marriage, both partners can work and earn money. Prenuptial agreements are designed to ensure that couples do not experience unexpected surprises in dividing their property in the event of divorce. The best time to create a prenuptial agreement is when the marriage/relationship is strong and the idea of using it is far from your mind. The hope, of course, is that a successful marriage will last a long time in the future. Consequently, the marriage contract should be considered only as a precautionary measure.

Marriage contracts are enforceable in Germany with many restrictions. They must be carried out before a notary. The Burgerliche Gesetzbuch (BGB) stipulates that a fixed matrimonial regime, that of community earnings, automatically applies between the spouses at the time of marriage, unless they contractually choose a different regulation. The BGB also provides for two optional matrimonial property regimes, one of which is a system of exclusion from any separation of property and the other a system of general community of property (gutergemeinschaft). For more personalized information and assistance in drafting a marriage contract, please contact our family law team. If you are looking for a competent partner who is able to provide an essentially and linguistically correct translation of your marriage contract, rental agreement, purchase agreement, you have come to the right place. Marriage and inheritance contracts, cohabitation agreements or registered partnerships The Federal Court of Justice has ruled that notarized marriage contracts that seriously disadvantage a party to a marriage can be considered invalid. The judges noted that, although a contract could in principle stipulate that one of the partners had waived his right to alimony, the agreement would be morally unacceptable and could therefore be challenged if the agreement was unilateral. The court also ruled that a spouse is free to challenge the contract in the event of an imbalance when his or her partner`s income has increased significantly during the marriage because, for example, he or she was caring for children at home. When it comes to prenuptial agreements, we`re here to help marriage contracts be personal for the individual circumstances that underlie them.

The use of legal counsel in the drafting of the agreement can ensure that it satisfies each partner and meets the right requirements. At Schlun & Elseven, our family law team is led by kerstin Wolters, our leading family law lawyer. Our lawyers are fully knowledgeable in the field of family law and have experience in child support, custody, divorce and marriage contracts. By contacting us directly, our lawyers can provide you with the advice, support and guidance you need in drafting your prenuptial agreement. With offices in Cologne, Düsseldorf and Aachen as well as conference rooms in Berlin, Frankfurt, Munich, Hamburg and Stuttgart, our lawyers are always at your disposal. Even if you are looking for a competent partner for the correct linguistic and material translation of your marriage contract, rental or purchase agreement into German or Thai, you have come to the right place. Couples with foreigners based in Germany should also consider marriage contracts. This is to ensure that both parties know what has to do with marriages and divorces under German law. By using an agreement under the guidance of a German lawyer, they are ready for whatever the future holds.

Whether the state in which you wish to enter into marriage requires that your certificate of marital capacity also be certified by a German authority or one of its missions abroad or that its authenticity be attested by an equivalent formality, you must apply to the competent authorities abroad or to the German mission abroad. Above all, it should be noted that marriage contracts are determined by the individual couple. There is no defined model that describes what needs to be covered in these. For this reason, it is worth discussing the topic in depth as a couple to decide what you think is worth considering at such an event. Obviously, you don`t want to think about a divorce before or at the beginning of a marriage. However, it may be the right time to ensure that the divisions taken are in the best interests of both parties. A fair marriage contract in the right times can help avoid potentially damaging lawsuits in the future. On this page you will find basic information about marriage contracts under German law. There will be answers to the following questions: In general, a prenuptial agreement gives couples control over what may happen. This is not the most pleasant topic to think about, especially if a marriage is going well, but it should be considered an insurance policy. Creating a fair marriage contract will help reduce the risk of bitter and chaotic divorce proceedings.

By using a legal expert with knowledge in the field and with special attention and open communication, spouses should be able to formulate a contract acceptable to both parties. 2 Marriage between a German woman and a citizen of a country that allows polygamy If you plan to marry a man from a country that allows polygamy, you should inquire about the form of a marriage contract at the Federal Office of Administration, 50728 Cologne (www.auswandern.bund.de) or at a public immigration counselling centre. Spousal support is another area that can be covered by a marriage contract. Although it is not possible to create a waiver in the form of alimony during the period of separation, it is possible to create one for alimony after divorce. This can be introduced in the event that both parties earn enough money to consider unnecessary alimony payments. You can find more information about spousal support on our page about it, but it is important to know that there are exceptions to the need for spousal support if the party in question does not have the financial means to provide spousal support. In such cases, child support is considered the highest priority. Prenuptial agreements cover assets accumulated during a marriage and can also be used to cover other assets. In the event of divorce, the legal requirements of § 1363 BGB consider the property accumulated during the marriage as that which must be divided equally between the spouses. Property accumulated by partners before (and after) the marriage will not be taken into account unless there is an agreement.

If you are looking for an expert in German/Thai law as part of the drafting of your marriage contract, whether for a wedding in Thailand or Germany, we will be happy to provide you with the contact details of a specialist lawyer upon request. Prenuptial agreements cannot be designed with the intention of intentionally putting the economically weaker partner in a much worse situation. This is expressed, for example, when the prenuptial agreement waives the obligation for the spouse to pay spousal support when that partner is unable to refuse support. .