Antenuptial Agreement After Marriage Template for Germany

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Key Requirements PROMPT example:

Antenuptial Agreement After Marriage

"I need an Antenuptial Agreement After Marriage in German law for a couple where one spouse is taking over a family business in March 2025, requiring provisions for business asset protection and future profit sharing while maintaining separate property regimes."

Document background
An Antenuptial Agreement After Marriage is utilized when married couples in Germany wish to modify their matrimonial property regime or establish specific financial arrangements after their wedding has taken place. This document becomes particularly relevant when there are significant changes in financial circumstances, inheritance receipts, business developments, or international relocations. The agreement must comply with German law, specifically the Bürgerliches Gesetzbuch (BGB), and requires mandatory notarization. It typically includes comprehensive provisions about asset division, maintenance obligations, pension rights equalization (Versorgungsausgleich), and inheritance rights. The document is especially important for high-net-worth individuals, business owners, or international couples, as it provides legal certainty and can help prevent future disputes. Unlike prenuptial agreements, these postnuptial contracts often require more detailed justification and are subject to stricter scrutiny by German courts to ensure they are not unduly disadvantageous to either party.
Suggested Sections

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

2. Background: Information about the marriage, including date and place of marriage, current matrimonial property regime, and reasons for entering into this agreement

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

4. Matrimonial Property Regime: Declaration of the chosen property regime (e.g., separation of property/Gütertrennung) and its implications

5. Division of Existing Assets: Current assets of both parties and their agreed distribution or separation

6. Future Asset Treatment: Arrangements for handling future acquired assets and inheritance

7. Pension and Retirement Benefits: Agreement regarding pension rights equalization (Versorgungsausgleich)

8. Maintenance Obligations: Arrangements for post-marital maintenance (Nachehelicher Unterhalt)

9. Inheritance Rights: Provisions regarding statutory inheritance rights and any modifications

10. Formal Requirements: Acknowledgment of notarization requirement and independent legal advice

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

12. Governing Law: Confirmation that German law governs the agreement

Optional Sections

1. Business Interests: Provisions regarding existing or future business ownership and management - include when either spouse owns or may inherit a business

2. Children's Provisions: Arrangements regarding existing or future children's maintenance and education - include when couple has or plans to have children

3. International Assets: Special provisions for international property or investments - include when parties have assets in multiple jurisdictions

4. Debt Management: Arrangements for existing and future debts - include when parties have significant debt or complex financial obligations

5. Household Items: Detailed provisions for division of household items - include when parties have valuable household items or collections

6. Compensation Claims: Provisions regarding claims for compensation during marriage - include when one party has made significant sacrifices for the other's career

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all current assets owned by both parties, including real estate, vehicles, and valuable items

2. Schedule B - Financial Disclosure: Complete financial disclosure from both parties including income, investments, and liabilities

3. Schedule C - Pension Rights: Detailed information about pension entitlements and agreed arrangements

4. Schedule D - Business Assets: Detailed description and valuation of any business interests

5. Schedule E - Inherited Assets: List of assets received through inheritance and their agreed treatment

6. Appendix 1 - Independent Legal Advice: Certificates of independent legal advice received by both parties

7. Appendix 2 - 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

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