Marriage contracts

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.

The Topics

  • 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?

Round Table

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 (blue box on the homepage).

Publications

Further information on many topics can be found in the Publications section (right).

Your counsellor

Angelika Herfurth

Attorney at law and specialist lawyer for family law

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