The Marriage Agreement Settlement (Ehevertrag) is a crucial document in German family law, used either before marriage (as a prenuptial agreement) or during marriage (as a postnuptial agreement). It becomes particularly relevant when parties have significant assets, business interests, international connections, or complex financial arrangements. The document must comply with German law, specifically the German Civil Code (BGB), and requires notarization to be valid. It typically includes comprehensive provisions on property regimes, asset division, maintenance obligations, and pension rights. This type of agreement is especially important in Germany due to the country's specific matrimonial property regime laws and strict requirements regarding spousal rights and obligations. The document provides legal certainty and can help avoid future disputes by clearly establishing the financial framework of the marriage.
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1. Parties: Identification and details of both spouses, including full legal names, addresses, and dates of birth
2. Background: Context of the marriage, including date of marriage/intended marriage, and general purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including definitions of separate and joint property, matrimonial home, etc.
4. Property Regime Selection: Declaration of the 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 spouse before marriage
6. Future Asset Treatment: Rules for classification and division of assets acquired during marriage
7. Income and Earnings: Treatment of income, salary, bonuses, and business profits during marriage
8. Debts and Liabilities: Handling of existing and future debts, including personal and joint liabilities
9. Maintenance Provisions: Arrangements for spousal support/maintenance during marriage and in case of separation
10. Inheritance Rights: Provisions regarding inheritance rights between spouses
11. Termination Provisions: Circumstances and procedures for terminating or modifying the agreement
12. Governing Law: Confirmation of German law application and jurisdiction
13. Execution: Signature requirements and notarization provisions
1. Business Interests: Specific provisions for handling business ownership and interests, used when either spouse owns or may acquire business interests
2. International Assets: Special provisions for international property and assets, included when parties have or anticipate having assets in multiple jurisdictions
3. Children's Provisions: Arrangements regarding existing or future children, included when parties wish to address children's financial matters
4. Pension Rights: Detailed provisions for pension splitting, particularly relevant for couples with significant pension assets
5. Real Estate: Specific provisions for handling real estate properties, included when parties own or plan to acquire significant real estate
6. Intellectual Property: Provisions for handling intellectual property rights, included when either spouse has significant IP assets
7. Family Gifts/Inheritance: Special provisions for handling family gifts or inherited assets, relevant when significant family wealth is involved
8. Currency Provisions: Provisions for handling multiple currencies, included for international couples or those with international assets
1. Schedule A - Pre-marital Assets: Detailed inventory of assets owned by each spouse before marriage
2. Schedule B - Joint Assets: List of assets agreed to be held jointly
3. Schedule C - Excluded Assets: List of assets specifically excluded from matrimonial property
4. Schedule D - Business Interests: Detailed description of business interests and their treatment
5. Schedule E - Real Estate: Details of real estate properties and their ownership structure
6. Schedule F - Debts and Liabilities: Comprehensive list of existing debts and liabilities
7. Appendix 1 - Financial Disclosure: Financial statements and documents supporting asset valuations
8. Appendix 2 - Legal Certificates: Copies of relevant legal documents including marriage certificate, property titles
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