A Post Nuptial Agreement under German law serves as a crucial legal instrument for married couples who wish to modify their matrimonial property regime and financial arrangements after marriage. This document becomes particularly relevant when there are significant changes in financial circumstances, inheritance, business ownership, or international assets acquired during marriage. The agreement must be notarized in Germany and typically addresses property division, maintenance obligations, pension rights equalization (Versorgungsausgleich), and inheritance rights. It's especially important for high-net-worth individuals, business owners, or international couples, as it provides clarity and certainty regarding financial arrangements while ensuring compliance with German matrimonial property law. The agreement must adhere to strict formal requirements under German law and cannot be unconscionable or grossly disadvantageous to one party.
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1. Parties: Formal identification of both spouses including full legal names, addresses, and birth dates as required under German law
2. Background: Statement of existing marriage, date and place of marriage, and reason for entering into post-nuptial agreement
3. Definitions: Definitions of key terms used throughout the agreement, including specific German legal terminology
4. Property Regime Selection: Explicit statement of chosen property regime (e.g., separation of property 'G眉tertrennung' or modified community of accrued gains 'modifizierte Zugewinngemeinschaft')
5. Current Asset Classification: Declaration and classification of current assets as joint or separate property
6. Future Asset Treatment: Provisions regarding treatment of future acquired assets and inheritance
7. Pension and Retirement Benefits: Provisions regarding pension rights equalization (Versorgungsausgleich)
8. Maintenance Obligations: Terms regarding post-marital maintenance and support obligations
9. Inheritance Rights: Provisions regarding mutual inheritance rights and any modifications to statutory inheritance rules
10. Governing Law: Explicit statement that German law governs the agreement
11. Severability: Standard clause ensuring partial invalidity doesn't void entire agreement
12. Execution: Formal execution requirements including notarization statement
1. International Assets: Section addressing treatment of foreign assets and application of foreign laws, used when couples have international property
2. Business Interests: Provisions regarding ownership and management of business interests, used when either spouse owns a business
3. Children's Provisions: Provisions regarding financial arrangements for existing or future children, used when couples have or plan to have children
4. Debt Allocation: Specific provisions regarding existing and future debts, used when there are significant debts to address
5. Real Estate: Detailed provisions regarding real estate ownership and management, used when couples own or plan to acquire property
6. Intellectual Property Rights: Provisions regarding intellectual property ownership, used for couples with significant IP assets
7. Tax Considerations: Specific tax planning provisions, used when there are significant tax implications to address
8. Dispute Resolution: Alternative dispute resolution procedures, used when couples want to specify mediation or arbitration procedures
1. Schedule A - Asset Inventory: Detailed listing of all current assets owned by both parties with valuations
2. Schedule B - Property Valuations: Professional valuations of significant assets such as real estate or business interests
3. Schedule C - Pension Rights: Detailed information about pension entitlements and their agreed treatment
4. Schedule D - Debt Schedule: Comprehensive list of current debts and liabilities
5. Schedule E - Business Valuations: Professional valuations of any business interests, if applicable
6. Appendix 1 - Supporting Documents: Copies of relevant certificates, property titles, and other supporting documentation
7. Appendix 2 - Tax Opinions: Any relevant tax opinions or advice received regarding the agreement's provisions
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