Marriage Settlement Agreement for Germany

Marriage Settlement Agreement Template for Germany

A Marriage Settlement Agreement under German law (Ehevertrag) is a legally binding contract between spouses or prospective spouses that establishes their property rights and financial obligations during marriage and in the event of divorce. This document must be executed before a German notary to be valid and must comply with the German Civil Code (BGB). It typically covers matters such as property division, spousal support, pension rights adjustments (Versorgungsausgleich), and inheritance rights. The agreement can modify the statutory matrimonial property regime and must consider mandatory provisions of German family law, including protection against unfair disadvantage to either party.

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What is a Marriage Settlement Agreement?

A Marriage Settlement Agreement is a crucial legal document in German family law, required when couples wish to modify the statutory matrimonial property regime or establish specific financial arrangements for their marriage. It must be executed before a German notary and comply with the Bürgerliches Gesetzbuch (BGB). The agreement is particularly relevant for couples with significant assets, international connections, business interests, or those seeking clarity on financial matters. It covers property division, maintenance obligations, pension rights, inheritance provisions, and can include specific arrangements for existing or future children. The document requires careful consideration of German legal requirements, including mandatory provisions that cannot be contracted out of, and may need review by multiple professional advisors to ensure comprehensive coverage and fairness to both parties.

What sections should be included in a Marriage Settlement Agreement?

1. Parties: Identification of both spouses including full legal names, addresses, and date of birth

2. Background: Brief history of the relationship, date of marriage, and purpose of the agreement

3. Definitions: Key terms used throughout the agreement

4. Property Regime Selection: Declaration of chosen matrimonial property regime (e.g., separation of property, community of accrued gains)

5. Pre-marital Assets: Detailed listing and treatment of assets owned by each party before marriage

6. Future Asset Treatment: Rules for handling assets acquired during marriage

7. Income and Earnings: Treatment of income, salary, and business earnings during marriage

8. Debt Responsibilities: Allocation of existing and future debts

9. Maintenance Provisions: Terms for spousal support/maintenance in case of separation or divorce

10. Pension Rights: Agreement on pension rights splitting (Versorgungsausgleich)

11. Inheritance Rights: Provisions regarding inheritance rights between spouses

12. Death Benefits: Arrangements for survivor benefits and life insurance

13. Dispute Resolution: Procedures for resolving disagreements

14. Governing Law: Confirmation of German law application and jurisdiction

15. Severability: Clause ensuring survival of agreement if parts are invalid

16. Execution Requirements: Notarization and other formal requirements under German law

What sections are optional to include in a Marriage Settlement Agreement?

1. Children's Provisions: Included when there are existing children or planning for future children, covering custody and support arrangements

2. Business Interests: Required when either spouse owns a business, detailing treatment of business assets and income

3. International Assets: Necessary when couples have assets in multiple countries

4. Residential Property: Specific provisions for family home and vacation properties

5. Cultural/Religious Requirements: Special provisions based on cultural or religious requirements

6. Future Inheritance: Provisions regarding expected future inheritances

7. Intellectual Property: Required for couples with significant intellectual property assets

8. Pet Provisions: Arrangements for pet custody and care if applicable

What schedules should be included in a Marriage Settlement Agreement?

1. Schedule A - Asset Inventory: Detailed list of all current assets owned by both parties

2. Schedule B - Debt Schedule: Comprehensive list of all current liabilities

3. Schedule C - Business Valuations: Professional valuations of any business interests

4. Schedule D - Pension Details: Information about pension schemes and entitlements

5. Schedule E - Insurance Policies: List of life, health, and other insurance policies

6. Appendix 1 - Property Valuations: Professional valuations of significant properties

7. Appendix 2 - Financial Disclosure: Detailed financial statements from both parties

8. Appendix 3 - Pre-marital Assets Documentation: Evidence and documentation of pre-marital assets

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Germany

Publisher

Genie AI

Cost

Free to use
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