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Antenuptial Agreement

Antenuptial Agreement Template for Germany

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Key Requirements PROMPT example:

Antenuptial Agreement

"I need an Antenuptial Agreement under German law that protects my technology startup company and international assets, with specific provisions for potential future IPO proceeds and intellectual property rights, planned for completion by March 2025."

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Document background
The Antenuptial Agreement is a crucial legal document used in Germany before entering into marriage to establish clear terms regarding property rights, financial obligations, and asset protection. It is particularly important for individuals with significant assets, business interests, or complex financial situations. The document must be notarized under German law and comply with the German Civil Code (BGB), addressing matters such as property regime selection, maintenance obligations, pension rights, and inheritance provisions. It's commonly used by business owners, high-net-worth individuals, or those seeking clarity in their financial arrangements before marriage. The agreement requires careful consideration of German legal requirements, including mandatory notarization, fair terms, and comprehensive disclosure of assets. It serves as a protective measure for both parties, providing clarity and security while respecting German constitutional principles regarding marriage and equality.
Suggested Sections

1. Parties: Identification of both parties to the marriage, including full legal names, addresses, dates of birth, and nationalities

2. Background: Context of the agreement, including the planned marriage date and location, and confirmation that both parties enter into this agreement freely

3. Definitions: Key terms used throughout the agreement, including specific German legal concepts that may need clarification

4. Matrimonial Property Regime: Selection of property regime (e.g., separation of property 'Gütertrennung' or modified community of accrued gains 'modifizierte Zugewinngemeinschaft')

5. Pre-marital Assets: Declaration and documentation of assets owned by each party before marriage

6. Future Asset Treatment: Provisions for handling assets acquired during marriage and their classification

7. Maintenance During Marriage: Arrangements for financial support and cost sharing during marriage

8. Post-divorce Maintenance: Provisions regarding spousal support obligations in case of divorce

9. Pension Rights Adjustment: Arrangements regarding pension entitlements and their treatment in case of divorce

10. Inheritance Rights: Provisions regarding mutual inheritance rights and any modifications to statutory inheritance rules

11. General Provisions: Standard clauses including severability, amendment procedures, and applicable law

12. Execution: Formal execution requirements including notarization acknowledgments

Optional Sections

1. Business Assets Protection: Specific provisions for protecting business interests and company ownership - used when either party owns or may inherit a business

2. International Assets: Special provisions for foreign property and assets - used when parties have or anticipate having assets in multiple jurisdictions

3. Children's Provisions: Arrangements regarding future children's maintenance and education - used when parties want to address children's matters in advance

4. Religious Marriage Requirements: Specific provisions related to religious marriage ceremonies and obligations - used for couples requiring religious marriage recognition

5. Debt Protection: Specific provisions regarding pre-existing or future debts - used when either party has significant debt or credit obligations

6. Family Business Involvement: Provisions regarding involvement in family businesses - used when either party is part of a family business

7. Intellectual Property Rights: Provisions for handling intellectual property and royalties - used for authors, artists, or inventors

8. Digital Assets: Provisions for handling digital assets and cryptocurrencies - used when parties have significant digital assets

Suggested Schedules

1. Schedule A - Pre-marital Assets Inventory: Detailed listing of all assets owned by each party before marriage, including valuations

2. Schedule B - Business Assets: Detailed description and valuation of business interests owned by either party

3. Schedule C - Real Estate Holdings: Details of all real estate owned by either party, including ownership structure and valuations

4. Schedule D - Investment Portfolio: Listing of investments, securities, and financial accounts

5. Schedule E - Debts and Liabilities: Comprehensive list of all debts and financial obligations of each party

6. Appendix 1 - Legal Certificates: Copies of relevant legal documents including birth certificates, property titles, etc.

7. Appendix 2 - Independent Legal Advice: Certificates confirming that each party received independent legal advice

8. Appendix 3 - Valuations: Professional valuations of significant assets mentioned in the agreement

Authors

Alex Denne

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

Linkedin in social icon imageX social icon image
alex.den.21@genieai.co
Relevant legal definitions
Agreement
Marriage
Matrimonial Property Regime
Gütertrennung
Zugewinngemeinschaft
Initial Assets
Final Assets
Accrued Gains
Separate Property
Joint Property
Marital Home
Household Effects
Pre-marital Assets
Post-marital Assets
Business Assets
Family Business
Inheritance Rights
Maintenance
Pension Rights
Versorgungsausgleich
Spousal Support
Material Change in Circumstances
Notarial Deed
Effective Date
Termination Date
Force Majeure
Governing Law
Jurisdiction
Parties
Spouse 1
Spouse 2
Working Day
Professional Income
Investment Income
Matrimonial Home
Excluded Assets
Protected Assets
Family Wealth
Business Interests
Intellectual Property Rights
Digital Assets
Financial Obligations
Debts
Liabilities
Net Worth
Market Value
Fair Market Value
Valuation Date
Clauses
Parties and Recitals
Definitions
Property Regime Selection
Asset Classification
Pre-marital Property
Future Property Acquisition
Business Protection
Inheritance Rights
Maintenance Obligations
Pension Rights Adjustment
Property Division
Spousal Support
Asset Protection
Debt Allocation
Real Estate
Business Interests
Intellectual Property
Digital Assets
Tax Provisions
Disclosure Obligations
Modification
Severability
Governing Law
Dispute Resolution
Force Majeure
Notarization Requirements
Legal Advice Confirmation
Execution
Relevant Industries

Legal Services

Notary Services

Family Office Services

Wealth Management

Private Banking

Real Estate

Professional Services

Business Consulting

Financial Services

Family Business

Asset Management

Trust Services

Relevant Teams

Legal

Wealth Management

Private Banking

Family Office

Corporate Advisory

Estate Planning

Risk Management

Client Relations

Business Succession

Asset Management

Trust Administration

Document Management

Relevant Roles

Family Lawyer

Private Client Lawyer

Notary

Wealth Manager

Financial Advisor

Family Office Manager

Trust Officer

Business Succession Planner

Estate Planner

Private Banker

Corporate Lawyer

Asset Manager

Family Business Advisor

Risk Manager

Legal Counsel

Relationship Manager

Industries
Bürgerliches Gesetzbuch (BGB) - Family Law Section: Sections 1297-1588 BGB covering marriage law, including matrimonial property regimes (especially §§ 1408-1563 regarding marriage contracts and property arrangements)
Bürgerliches Gesetzbuch (BGB) - Contract Law: Sections 145-157 BGB covering general contract formation and interpretation principles applicable to prenuptial agreements
Beurkundungsgesetz (BeurkG): German Notarisation Act - particularly § 17 requiring notarization of prenuptial agreements and setting forth notary's duties of explanation and warning
Grundgesetz (GG): German Constitution, Article 6 (protection of marriage and family) and Article 3 (equality before the law) - setting boundaries for content of prenuptial agreements
Einführungsgesetz zum Bürgerlichen Gesetzbuche (EGBGB): Introductory Act to the Civil Code, Articles 13-17b regarding international aspects of marriage and choice of law rules
Versorgungsausgleichsgesetz (VersAusglG): Pension Rights Adjustment Act - relevant for provisions regarding pension rights in prenuptial agreements
Teams

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

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