Post Prenup Agreement Template for Germany

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Key Requirements PROMPT example:

Post Prenup Agreement

"I need a Post Prenup Agreement under German law to protect my newly established tech startup and international assets in the US and Germany, while ensuring fair provisions for my spouse who recently left their job to support my business venture."

Document background
A Post Prenup Agreement (Ehevertrag) under German law serves as a crucial legal instrument for married couples seeking to modify their matrimonial property arrangements after marriage. This document becomes particularly relevant when there are significant changes in financial circumstances, inheritance receipts, business ownership, or international assets acquired during marriage. The agreement must strictly comply with German legal requirements, including mandatory notarization (beurkundung) by a German notary (Notar). It typically includes comprehensive provisions for asset division, maintenance obligations, pension rights equalization, and inheritance arrangements. The document must balance contractual freedom with protective provisions of German family law, ensuring it doesn't unfairly disadvantage either spouse while remaining enforceable under German jurisdiction.
Suggested Sections

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

2. Background: Context of the marriage, reason for the post-nuptial agreement, and current matrimonial property regime

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

4. Matrimonial Property Regime: Detailed description of the chosen property regime (e.g., separation of property, modified community of accrued gains)

5. Treatment of Existing Assets: Classification and division of assets acquired before and during marriage

6. Future Property Rights: Agreement on how future acquisitions of property will be handled

7. Debts and Liabilities: Treatment of existing and future debts, including personal and joint liabilities

8. Maintenance Obligations: Provisions regarding spousal support/maintenance in case of separation

9. Pension and Retirement Benefits: Agreement on pension rights equalization (Versorgungsausgleich)

10. Death Benefits: Provisions regarding inheritance rights and succession planning

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

12. Governing Law: Explicit statement that German law governs the agreement

13. Notarial Requirements: Acknowledgment of notarial requirements and execution provisions

Optional Sections

1. Business Interests: Provisions regarding ownership and management of business interests, used when either spouse owns a business

2. Children's Provisions: Arrangements regarding children's expenses and inheritance rights, included when there are children

3. International Assets: Special provisions for international property and assets, used when couples have assets in multiple countries

4. Intellectual Property Rights: Provisions regarding intellectual property owned by either spouse, included when relevant

5. Family Gifts and Inheritance: Special provisions for handling family gifts or expected inheritances

6. Real Estate: Specific provisions for real estate properties, particularly family home arrangements

7. Modification Procedures: Procedures for future modifications of the agreement, recommended for complex arrangements

Suggested Schedules

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

2. Schedule B - Debt Schedule: Complete listing 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 - Pension Details: Details of pension and retirement accounts held by both parties

5. Schedule E - Real Estate Documentation: Details and valuations of all real estate properties

6. Appendix 1 - Financial Disclosures: Sworn financial statements from both parties

7. Appendix 2 - Legal Advice Certificates: Certificates confirming independent legal advice received by both 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
Clauses
Relevant Industries

Legal Services

Notary Services

Financial Services

Wealth Management

Real Estate

Private Banking

Family Office Services

Professional Services

Tax Advisory

Estate Planning

Relevant Teams

Legal

Wealth Management

Private Banking

Tax Advisory

Compliance

Estate Planning

International Law

Family Office

Corporate Advisory

Risk Management

Relevant Roles

Family Law Attorney

Notary

Legal Counsel

Private Wealth Manager

Tax Advisor

Estate Planner

Financial Advisor

Property Lawyer

Business Valuator

Pension Advisor

Wealth Planning Specialist

Family Office Manager

International Tax Specialist

Corporate Lawyer

Compliance Officer

Industries
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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