Prenuptial Agreements in Germany: What Couples Can Agree

A marriage contract (Ehevertrag) regulates the financial consequences of a marriage and a possible divorce. It can be concluded before the wedding, as a prenuptial agreement, or at any time during the marriage.

For international couples, it is also a good place to choose which country's law applies.

What Can Be Agreed

Property regime.

• Modified community of accrued gains. For example, excluding a business or a family property from the equalisation. This keeps tax advantages of the statutory regime.
• Separation of property (Gütertrennung). No equalisation of gains on divorce.
• Community of property (Gütergemeinschaft). Joint ownership. Rarely used.

See division of assets.

Pension equalisation. Exclusion or modification, for example if both spouses have their own adequate pensions. See pension equalisation.

Maintenance. Limitations or waivers of post-divorce maintenance, for example a fixed amount or a time limit. See spousal maintenance.

Choice of law. For the property regime and, under certain conditions, for divorce and maintenance.

Limits: The Fairness Check

Courts check marriage contracts in two steps:

1. When signed: was the contract clearly one-sided from the start, for example because one spouse was pregnant and under pressure or did not understand the language?
2. When invoked: has the situation changed so much that relying on the contract would be unfair, for example because a child was born and one spouse gave up their career?

Waivers in core areas, such as maintenance for childcare, are reviewed particularly strictly. Waivers of the equalisation of accrued gains are accepted more readily.

Formalities

• Notarisation. Both spouses must be present at the notary at the same time. Representation is possible but not recommended.
• Language. If a spouse does not speak German well, an interpreter must be involved, and a translation should be provided.
• Time. The draft should be sent in good time, ideally weeks before signing, so both spouses can get independent advice.

Points for International Couples

• Choice of law. Since 2019, couples can choose the law of the country of residence or nationality of one spouse for their property regime under the EU regulation.
• Foreign prenups. A prenuptial agreement made abroad can be valid in Germany if it met the formal requirements there. Its content is assessed under the applicable law and may still be reviewed for fairness.
• Assets in several countries. Coordinate the contract with advisers in the relevant countries.

Frequently Asked Questions