Prenuptial agreement after the wedding
It often happens that couples are not entirely sure how they can better secure their assets and thus their future. Some then go through a prenuptial agreement. As a rule, such a marriage contract is concluded before a wedding. However, there is also the possibility of concluding such a contract during the marriage period. However, in this case you have to think twice about it.
What you need:
- a closed marriage
Anyone who deals with the conclusion of a marriage contract should be aware of a few things in advance. Normally, at the beginning of the marriage, married couples live in what is known as the community of gains. This means that in the event of a divorce only the gain in the initial assets is offset. So the one who has gained more during the marriage period has to pay half the compensation to the other. This is the common type of marriage in Germany. However, there are other ways to protect your assets.
Marriage contract after the wedding - there are a few things to consider when separating property afterwards
- In the case of a "normal" marriage, the community of gains is generally used. The spouses do not need to do anything for this, as this is already provided for by the law.
- Of course, there is also the possibility of separation of property by means of a marriage contract. This is often used when the assets are to remain with the respective owners at the beginning of a marriage, even after the marriage.
- In rare cases, however, a marriage contract is also made after the wedding closed. There can be many factors in this. On the one hand, this can be done from the point of view of inheritance law, or because you want to determine in the marriage that certain things should not be added to the gain. This can include, for example, an upcoming inheritance from one of the partners.
- Such a marriage contract must always be concluded in front of a notary. For this it is important that the partners draw up a precise list of the assets and their distribution in advance.
- Since there are a few things that have to be considered by law in this area, anyone who intends to do so should consult a notary or a lawyer. Only these are able to create the contractual basis necessary for the individual case.
- Such a contract is of course associated with considerable costs, which are usually based on the amount of assets. Legal advice in such a case also has some costs.
Separation of property, or would you prefer the classic case of community of gains? If it …
How helpful do you find this article?
