„A clear marriage contract replaces many unclear marriage vows.“ – Unknown
Do we need a marriage contract?
Couples should consider what will happen in the event of separation. That’s because marriage has a range of legal consequences: matrimonial property regimes (also known as marital property systems) can result in one spouse having a financial claim on the other spouse’s assets. Maintenance law establishes obligations to provide support for the spouse, and these can sometimes extend far beyond the duration of the marriage. And the law governing the equalisation of pension benefit rights entitles the spouse to a share of the pension rights acquired during the marriage. Marriage also has tax and inheritance law consequences.
Typical motives for a marriage contract
It is advisable for spouses to familiarise themselves with the legal consequences of marriage. That's because the legal consequences of marriage do not always align with their own interests. This is often the case in marriages between business owners or in blended families as well as in marriages with international aspects. It may be advisable to draw up a marriage contract in such cases. It may also often make sense to modify only certain consequences of the marriage. This applies in particular to the treatment under matrimonial property law of assets that one spouse has received or will receive from their own parents by way of inheritance/gift.
In most cases, the marriage contract can also be signed after the marriage
Arrangements regarding these consequences of separation under matrimonial law are agreed in a marriage contract. Under German law, a marriage contract can be entered into before or after marriage. Due to the particular significance of the legal consequences of marriage for both spouses, arrangements like this can usually only be drawn up before a civil law notary. Our most important task is to listen to you and discuss with you what type of marriage you are seeking. Building on this, we will advise you personally on the possibilities for structuring a marriage contract, a process in which we, as holders of a public office, are always independent and impartial.
Limits to freedom of contract
As a rule, marriage contracts are covered by freedom of contract, but there are legal limits to this freedom. Marriage contracts are subject to review of their content and enforceability. Put simply, the review of content ensures that the economic consequences of marriage are not unfairly borne by one spouse. The review of content is primarily the responsibility of the civil law notary. By way of review of enforceability, a spouse may, under certain circumstances, demand an amendment to the marriage contract if the economic circumstances assumed at the time the contract was entered into have changed materially since the contract was entered into. In the event of any dispute, the review of enforceability is conducted by a judge.
Marriages with international aspects
We are familiar with providing advice on marriages with international aspects due to Aachen’s location in a border region. This applies in particular to binational marriages, spouses residing in Belgium or the Netherlands, and EU officials.
A flexible response to future changes in circumstances
A marriage contract can be designed to be flexible and adapted to the changing circumstances and needs of the spouses. The marriage contract can also be updated over time.