Post Nup Agreement Template for Germany

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Key Requirements PROMPT example:

Post Nup Agreement

"I need a Post Nup Agreement to protect my growing tech startup in Berlin, where my spouse and I want to clearly separate business assets from personal assets while ensuring fair provision for future family needs."

Document background
The Post Nup Agreement under German law serves as a crucial legal instrument for married couples seeking to modify their financial and property arrangements after marriage. 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 legal requirements, including mandatory notarization and compliance with the German Civil Code (BGB). It typically addresses property division, spousal support, pension rights, inheritance rights, and business interests. Unlike prenuptial agreements, these Post Nup Agreements are executed during marriage and must carefully consider existing marital rights and obligations. They are especially important for business owners, high-net-worth individuals, and international couples, providing clarity and security while respecting German constitutional protections of marriage.
Suggested Sections

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

2. Background: Context of the agreement, including date of marriage, current living situation, and reason for the postnuptial agreement

3. Definitions: Key terms used throughout the agreement, including specific German legal terminology

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

5. Existing Assets and Liabilities: Current financial status of both parties, including separate and joint property

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

7. Spousal Maintenance: Provisions regarding post-divorce maintenance obligations

8. Pension Rights Adjustment: Arrangements regarding pension entitlements (Versorgungsausgleich)

9. Tax Considerations: Agreement on tax-related matters and obligations

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

11. Governing Law: Confirmation of German law application and jurisdiction

12. Execution Requirements: Notarization requirements and formal execution provisions

Optional Sections

1. Children's Provisions: Include if the couple has children - arrangements regarding children's expenses and inheritance rights

2. Business Interests: Include if either spouse owns business interests - treatment of business assets and income

3. International Assets: Include if couple has assets in multiple countries - specific provisions for international property

4. Inheritance Rights: Include if modifying statutory inheritance rights - specific inheritance arrangements

5. Debt Allocation: Include if there are significant debts - specific provisions for existing and future debts

6. Real Estate: Include if couple owns real estate - specific provisions for property ownership and management

7. Family Heirlooms: Include if there are significant family heirlooms or artifacts - special provisions for family treasures

8. Insurance Policies: Include if there are significant insurance policies - provisions regarding life insurance and other policies

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all assets owned by both parties at the time of agreement

2. Schedule B - Liability Inventory: Detailed list of all debts and liabilities of both parties

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

4. Schedule D - Real Estate Details: Details and valuations of all real estate properties

5. Schedule E - Pension Information: Details of pension entitlements and arrangements

6. Appendix 1 - Supporting Documents: Copies of relevant certificates, property titles, and other supporting documentation

7. Appendix 2 - Asset Valuations: Professional valuations of significant assets

8. Appendix 3 - Previous Agreements: Copies of any relevant previous agreements between the parties

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

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

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