Post Prenuptial Agreement Template for Germany

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Key Requirements PROMPT example:

Post Prenuptial Agreement

"I need a Post Prenuptial Agreement under German law to protect my expanding software company, which has grown significantly since our marriage in January 2025, while ensuring fair provisions for my spouse including appropriate compensation mechanisms."

Document background
The Post Prenuptial Agreement under German law serves as a crucial legal instrument for married couples seeking to modify their matrimonial property arrangements after marriage. This document becomes necessary when spouses wish to alter their existing property regime, address changes in financial circumstances, or establish new arrangements regarding assets, debts, and financial obligations. The agreement must comply with German legal requirements, particularly the German Civil Code (BGB), and requires mandatory notarization. It can address various aspects including property division, spousal support, pension rights, and inheritance matters. Common scenarios for implementing such an agreement include significant changes in financial status, inheritance receipt, business ownership changes, or international relocation. The document must balance individual autonomy with the protective principles of German family law and constitutional requirements.
Suggested Sections

1. Parties: Full legal identification of both spouses, including names, addresses, and dates of birth

2. Background: Information about the marriage, date of ceremony, current matrimonial property regime, and reason for entering into the post-nuptial agreement

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

4. Modification of Matrimonial Property Regime: Detailed provisions regarding the chosen property regime and any modifications to the statutory regime

5. Division of Assets: Comprehensive arrangements for the division of current and future assets, including separate and joint property

6. Spousal Maintenance: Provisions regarding ongoing financial support obligations between spouses

7. Pension Rights Equalization: Arrangements regarding pension and retirement benefits (Versorgungsausgleich)

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

9. Governing Law and Jurisdiction: Specification of German law as governing law and competent courts

10. Severability: Standard clause ensuring validity of remaining provisions if parts are found invalid

11. Execution: Formal execution requirements including notarization provisions

Optional Sections

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

2. International Assets: Special provisions for assets located outside Germany, included when couples have international property

3. Children's Provisions: Arrangements regarding children's financial security, included when the couple has children

4. Property Use Rights: Specific arrangements for use of family home or other properties, included when there are shared properties

5. Debt Allocation: Provisions regarding existing and future debts, included when there are significant debts to address

6. Tax Provisions: Specific tax planning arrangements, included when there are complex tax implications

7. Future Asset Acquisition: Provisions for assets acquired after the agreement, included when future acquisitions are anticipated

8. Dispute Resolution: Alternative dispute resolution procedures, included when parties want to avoid court proceedings

Suggested Schedules

1. Schedule A - Current Assets: Detailed inventory of all current assets owned by both parties

2. Schedule B - Current Liabilities: List of all current debts and financial obligations

3. Schedule C - Business Valuations: Professional valuations of any business interests

4. Schedule D - Pension Details: Details of pension and retirement accounts

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

6. Appendix 1 - Asset Valuation Reports: Independent valuation reports for significant assets

7. Appendix 2 - Financial Disclosure: Comprehensive financial disclosure statements from both parties

8. Appendix 3 - Legal Certificates: Marriage certificate and other relevant legal documents

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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