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Basic Prenup Agreement Template for Germany

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Key Requirements PROMPT example:

Basic Prenup Agreement

"I need a Basic Prenup Agreement under German law for my upcoming marriage in March 2025, with specific provisions to protect my family business assets and ensure they remain separate from marital property."

Document background
The Basic Prenup Agreement under German law serves as a fundamental tool for couples planning to marry who wish to establish clear financial and property arrangements different from the statutory regime. This document becomes particularly crucial in cases involving business ownership, significant assets, or international elements. The agreement must be executed before marriage and requires notarization under German law to be valid. It typically includes provisions for property division, spousal maintenance, pension rights adjustments, and inheritance matters. While the Basic Prenup Agreement provides essential protections, it must balance the interests of both parties to meet the fairness requirements established by German courts. The document is especially relevant for business owners, high-net-worth individuals, and those entering second marriages, helping to prevent future disputes and providing clarity on financial matters during marriage and in case of divorce.
Suggested Sections

1. Parties: Identification and details of both parties entering into the agreement

2. Background: Context of the agreement, including the intended marriage date and general purpose

3. Definitions: Key terms used throughout the agreement

4. Property Regime Selection: Explicit choice of property regime, typically modifying or opting out of the statutory regime of community of accrued gains (Zugewinngemeinschaft)

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

6. Future Asset Acquisition: Rules for classification and treatment of assets acquired during marriage

7. Income and Earnings: Treatment of income earned during marriage and its classification

8. Debts and Liabilities: Handling of existing and future debts and financial obligations

9. Maintenance Obligations: Arrangements for spousal support in case of separation or divorce

10. Pension Rights: Agreement regarding pension rights and their potential adjustment upon divorce

11. Inheritance Rights: Basic provisions regarding inheritance rights between spouses

12. Formal Requirements: Statements ensuring compliance with German legal requirements including notarization

13. Governing Law: Explicit statement that German law governs the agreement

14. Severability: Clause ensuring partial invalidity doesn't void entire agreement

Optional Sections

1. International Assets: Special provisions for assets located outside Germany, needed if either party has foreign assets

2. Business Interests: Provisions protecting business assets and operations, required if either party owns a business

3. Existing Children: Provisions regarding children from previous relationships, if applicable

4. Future Children: Specific arrangements regarding potential future children

5. Residential Property: Special provisions for the marital home, particularly important if one party owns the property

6. Inheritance from Third Parties: Treatment of expected inheritances or family assets

7. International Jurisdiction: Required if there's a potential international element to the marriage

8. Religious Requirements: Additional provisions to comply with religious marriage requirements if desired

9. Intellectual Property: Provisions for protecting intellectual property rights if either party has significant IP assets

Suggested Schedules

1. Schedule A - Pre-marital Assets Inventory: Detailed list of assets owned by each party before marriage

2. Schedule B - Pre-marital Debts: Detailed list of existing debts and liabilities of each party

3. Schedule C - Business Assets: Detailed description of business interests and their treatment

4. Schedule D - Pension and Insurance Policies: List of existing pension rights and insurance policies

5. Schedule E - Real Estate Holdings: Details of any real estate owned by either party

6. Appendix 1 - Asset Valuation Reports: Independent valuations of significant assets

7. Appendix 2 - Legal Certificates: Copies of relevant legal documents (e.g., property titles, business registrations)

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































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Relevant Industries

Legal Services

Family Law

Wealth Management

Private Banking

Real Estate

Professional Services

Business Consulting

Financial Services

Tax Advisory

Notary Services

Family Business

Private Equity

Agriculture (for farming estates)

hospitality (for family-owned businesses)

Relevant Teams

Legal

Wealth Management

Private Banking

Tax Advisory

Risk Management

Corporate Affairs

Family Office

Estate Planning

Client Relations

Business Advisory

Document Management

Compliance

Relevant Roles

Family Lawyer

Notary

Wealth Manager

Private Banker

Tax Advisor

Estate Planner

Legal Counsel

Business Consultant

Financial Advisor

Family Office Manager

Corporate Lawyer

Succession Planning Specialist

Risk Management Advisor

Property Manager

Business Development Manager

Industries









Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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