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Spousal Agreement for Germany

Spousal Agreement Template for Germany

A German Spousal Agreement (Ehevertrag) is a legally binding contract between spouses or prospective spouses under German law that regulates their matrimonial property regime, maintenance obligations, pension rights, and inheritance matters. The agreement must be executed before a German notary to be legally valid and must comply with the provisions of the German Civil Code (BGB). It allows couples to deviate from the statutory matrimonial property regime and create customized arrangements that suit their specific circumstances, while ensuring compliance with German constitutional requirements regarding spousal equality.

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Spousal Agreement

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What is a Spousal Agreement?

The Spousal Agreement (Ehevertrag) is a fundamental legal instrument in German family law, used to establish clear legal and financial arrangements between married couples or those intending to marry. It becomes particularly relevant when parties wish to deviate from the statutory matrimonial property regime, protect business assets, address international property holdings, or establish specific arrangements regarding maintenance and pension rights. The document must be notarized in Germany to be legally valid and must comply with the German Civil Code (BGB) and constitutional requirements. It's commonly used by business owners, high-net-worth individuals, international couples, or those entering second marriages, but can be beneficial for any couple seeking to create legal clarity in their marriage. The agreement can be executed before or during marriage and can be modified later through a supplementary agreement, provided it maintains notarial form.

What sections should be included in a Spousal Agreement?

1. Parties: Identification and details of both spouses, including full legal names, addresses, and dates of birth

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

3. Definitions: Key terms used throughout the agreement, including specific German legal terms and their meanings

4. Property Regime: Selection and detailed description of the chosen matrimonial property regime (e.g., separation of property, modified community of accrued gains)

5. Pre-marital Assets: Detailed listing and treatment of assets owned by each spouse before marriage

6. Maintenance Obligations: Provisions regarding spousal support during marriage and in case of separation or divorce

7. Pension Rights: Arrangements regarding pension entitlements and their division

8. Inheritance Provisions: Basic provisions regarding inheritance rights between spouses

9. Governing Law: Confirmation of German law as governing law and jurisdiction

10. Severability: Standard clause ensuring partial invalidity doesn't void entire agreement

11. Execution: Notarization requirements and signature provisions

What sections are optional to include in a Spousal Agreement?

1. Business Assets Protection: Specific provisions for protecting business assets, used when one or both spouses own business interests

2. Children's Provisions: Arrangements regarding existing or future children, used when couples want to address child-related financial matters

3. International Assets: Special provisions for international property or assets, used when couples have assets in multiple jurisdictions

4. Debt Management: Specific provisions regarding existing or future debts, used when there are significant debt considerations

5. Family Property: Special provisions for inherited or family-specific property, used when protecting specific family assets

6. Career Development: Provisions regarding career changes or education support, used when one spouse may sacrifice career for family

7. Religious Requirements: Specific religious marriage or divorce requirements, used when couples wish to incorporate religious elements

What schedules should be included in a Spousal Agreement?

1. Schedule A - Asset Inventory: Detailed listing of all current assets owned by both parties

2. Schedule B - Pre-marital Property: Comprehensive inventory of pre-marital assets with supporting documentation

3. Schedule C - Business Valuations: Professional valuations of any business interests owned by either party

4. Schedule D - Pension Details: Details of pension schemes and current valuations

5. Schedule E - Property Documents: Copies of property titles and related documents

6. Appendix 1 - Financial Disclosure: Detailed financial disclosure statements from both parties

7. Appendix 2 - Legal Certificates: Copies of marriage certificates and other relevant legal documents

Authors

Alex Denne

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

Jurisdiction

Germany

Document Type

Service Agreement

Cost

Free to use
Relevant legal definitions









































Clauses


























Relevant Industries

Legal Services

Financial Services

Real Estate

Professional Services

Family Services

Notary Services

Translation Services

Wealth Management

Insurance

Business Services

Relevant Teams

Legal

Private Client Services

Wealth Management

International Advisory

Family Law

Corporate Advisory

Document Services

Compliance

Client Relations

Financial Advisory

Relevant Roles

Family Law Attorney

Notary Public

Legal Counsel

Wealth Manager

Financial Advisor

Estate Planner

Tax Consultant

Business Consultant

Marriage Counselor

International Law Specialist

Property Lawyer

Corporate Lawyer

Private Client Advisor

Family Office Manager

Industries







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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, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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