A Mid Nuptial Agreement is utilized by married couples in Germany who wish to modify their matrimonial property regime after marriage. This document becomes necessary when spouses want to adjust their financial arrangements due to changes in circumstances, such as significant inheritance, business acquisition, or relocation. The agreement must comply with the strict formalities of German law, including mandatory notarization and comprehensive asset disclosure. It typically covers property division, maintenance obligations, pension rights, and inheritance matters. The document must be drafted in accordance with the German Civil Code (BGB) and cannot override certain mandatory provisions of German family law. Special attention must be paid to ensuring the agreement is not unconscionable and respects the constitutional principle of equality between spouses.
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1. Parties: Identification and details of both spouses, including full legal names, addresses, and marriage date
2. Background: Context of the agreement, including date of marriage, reason for creating the post-nuptial agreement, and current matrimonial property regime
3. Definitions: Key terms used throughout the agreement, including property classifications and specific German legal terminology
4. Property Regime Selection: Explicit statement of the chosen property regime (e.g., separation of property) and any modifications to the statutory regime
5. Existing Assets: Declaration and classification of current assets owned by each spouse
6. Future Asset Treatment: Rules for handling future acquired assets and appreciation of existing assets
7. Income and Earnings: Treatment of income earned during marriage and any business profits
8. Debts and Liabilities: Allocation of existing and future debts and financial responsibilities
9. Maintenance Provisions: Arrangements for spousal support in case of separation or divorce
10. General Provisions: Standard clauses including severability, governing law, and amendment procedures
1. Business Interests: Specific provisions for handling business assets and income when one or both spouses own businesses
2. Inheritance and Gifts: Treatment of inherited assets and gifts received during marriage, particularly relevant for family wealth preservation
3. Pension and Retirement Benefits: Allocation of pension rights and retirement benefits, especially important for long-term marriages
4. Real Estate: Specific provisions for existing or future real estate ownership and management
5. Children's Provisions: Arrangements regarding children's expenses and inheritance rights, if applicable
6. Foreign Assets: Special provisions for assets located outside Germany, including conflict of law rules
7. Death Benefits: Provisions regarding life insurance and death benefits, complementing existing wills
1. Schedule A - Asset Inventory: Detailed list of all assets owned by both parties at the time of agreement, including values and ownership status
2. Schedule B - Financial Disclosure: Complete financial disclosure from both parties, including income, investments, and business interests
3. Schedule C - Debt Schedule: Comprehensive list of all debts and liabilities of both parties
4. Schedule D - Business Valuations: Professional valuations of any business interests owned by either party
5. Schedule E - Real Estate Details: Details of all real estate owned, including property valuations and mortgage information
6. Appendix 1 - Legal Certificates: Copies of marriage certificate and other relevant legal documents
7. Appendix 2 - Independent Legal Advice: Certificates confirming both parties received independent legal advice
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