Marriages are entered for life – but one third ends in divorce. In many cases, however, the legal rules governing divorce do not fit; the most frequent cases of unbalanced results are equalisation of accrued gains and the obligation to pay alimony, for example when a spouse brings or builds up special assets into the marriage. A well-thought-out marriage contract avoids unwanted property shifts in the event of divorce and still retains the tax advantages in the event of inheritance. It must be balanced in principle, otherwise a court could judge it as invalid.
A marriage contract is comparable to a term life insurance policy. It is preferable to conclude it before or directly at the beginning of the marriage. There are only advantages to a fair and prudently drafted marriage contract: In such a contract, the spouses can regulate all the necessary points and design them themselves – and thus avoid a possible war of roses in the event of a divorce. In a marriage contract, at least the following points should be regulated:
- Which matrimonial property regime do the spouses want to choose: simple or modified community of gain or separation of property?
- The partners should draw up a list of assets at the time of marriage.
- What should the post-marital spousal support look like after a divorce?
- Should there be a pension settlement after a divorce in which each partner receives half of the other’s pension entitlements?
A marriage contract must be notarised, otherwise it is invalid.
- Is statutory property regime of the community of accrued gains the right matrimonial property regime for me?
- What advantages does the „modified statutory property regime of the community of accrued gains „have?
- Do I want to be able to dispose of my assets freely?
- Should my spouse benefit from the increase in assets of my inheritance and gifts?
- Would I like my spouse to share my family’s fortune?
- Should the spouse be involved in the company’s assets?
- Which measure should apply to the obligation to pay alimony?
- How are the child-raising periods of a spouse considered?
- Is the pension rights equalisation in rem or under the law of obligations to be recommended?
We rightly talk about these topics in our Round Table meetings. The Round Table is an action of Herfurth & Partner and serves to clarify and secure wishes and decisions in the family in connection with assets, provision and succession.
The next dates can be found in the Round Table section (welcome homepage).