Better safe than sorry - why a precautionary prenuptial agreement makes sense

When getting married, most couples look to their personal relationship and their future together. However, marriage also entails a large number of rights and obligations. For this reason, it makes sense to deal with the legal consequences of marriage at an early stage. With a notarized marriage contract, these can be adapted to your specific personal circumstances - a tailor-made solution for both good and bad times.

Act in good time instead of arguing later

A prenuptial agreement is often mistakenly associated with separation, but it is actually an instrument of precaution and protection. "A marriage contract can prevent disputes and minimize financial risks by clearly, fairly and individually structuring the property consequences of a marriage," explains Robert Jakob, Managing Director of the Saxony-Anhalt Chamber of Notaries.

It is also possible to conclude a prenuptial agreement at the time of separation as a so-called separation or divorce settlement agreement. However, finding a peaceful solution is often more difficult or even impossible at this stage. Couples should therefore deal with the legal and economic framework conditions of their partnership in good time.

Does that even apply to us?

A precautionary marriage contract is not only useful for wealthy people and entrepreneurs. "Without individual arrangements, the statutory regulations come into effect, which do not always correspond to the ideas of the spouses. Expert advice from a notary is essential here," emphasizes Jakob.

Unless the spouses agree otherwise, the statutory matrimonial property regime of community of accrued gains, for example, applies. The matrimonial property regime regulates the allocation of the spouses' assets during and after the marriage. Under the statutory matrimonial property regime, the assets that each spouse acquires during the marriage belong to them alone. Each spouse is also only liable for their own debts. However, when the community of accrued gains ends, the increase in assets during the marriage is equalized. In many cases, this is not in the interests of the spouses or is not wanted for other reasons. In addition to the matrimonial property regime, arrangements can also be made regarding post-marital maintenance, custody of joint children, the marital home or provision for old age - in particular pension equalization.

Notarial advice as a quality feature

Especially in cases with an international dimension, patchwork families, differences in income or assets or business-related issues, drafting a prenuptial agreement can prove to be complicated. Marriage contracts must be balanced and must not place an unreasonable burden on one side. Impartial advice and notarization by a notary ensures that a marriage contract meets these requirements. It ensures that the couple's ideas are implemented in a legally secure manner and that the agreements made correspond to the actual circumstances of life.

"Every marriage contract must be notarized. For this reason alone, all notaries are specialists in this field. Legal advice for both spouses is included and is part of the notarization process. The additional appointment of a lawyer is therefore only necessary if one spouse wishes to receive one-sided, impartial advice in individual cases," says Jakob, correcting a misconception that has been repeated time and again and was recently published in the magazine Finanztest (issue 11/2024). "As impartial specialists, notaries are the right people to contact for an amicable solution in the interests of both parties."

More information and images on this and other topics can be found on the website of the media association of the chambers of notaries at www.medienverbund-notarkammern.de.