Document background
The Pre-Marriage Agreement is a crucial document for couples planning to marry in Germany who wish to establish clear financial and property arrangements different from the statutory regime. It is particularly relevant for individuals with significant assets, business interests, anticipated inheritances, or international connections. The agreement must comply with German law, specifically the German Civil Code (BGB), and requires notarization to be valid. It typically includes provisions for property division, maintenance obligations, pension rights equalization (Versorgungsausgleich), and inheritance matters. The document should be drafted well in advance of the marriage to allow proper consideration and potential negotiations. Recent Federal Constitutional Court decisions have established important principles ensuring fairness and protection of both parties' interests, making professional legal advice essential in the drafting process.
