Simple Prenuptial Agreement Template for Germany

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Key Requirements PROMPT example:

Simple Prenuptial Agreement

"I need a Simple Prenuptial Agreement under German law for my upcoming marriage in March 2025, primarily to protect my small business assets and establish a separation of property regime, keeping the rest as basic as possible."

Document background
A Simple Prenuptial Agreement under German law is essential for couples planning to marry who wish to establish clear terms regarding their financial affairs and property rights. This document is particularly relevant when one or both parties have significant assets, business interests, or wish to deviate from the statutory matrimonial property regime (Zugewinngemeinschaft). The agreement must be executed before a German notary prior to marriage and requires careful consideration of various aspects of German family law, including the BGB provisions on matrimonial property, maintenance, and pension rights equalization. While maintaining simplicity in its structure, the Simple Prenuptial Agreement must still address all mandatory legal requirements while remaining fair and reasonable to withstand potential judicial scrutiny. It serves as a fundamental tool for asset protection and financial planning in the German legal context.
Suggested Sections

1. Parties: Full legal names and details of both parties to the agreement

2. Background: Context of the agreement, including intended date of marriage and general intent of the parties

3. Definitions: Key terms used throughout the agreement

4. Property Regime: Choice of property regime (e.g., separation of property) and related provisions

5. Pre-marital Assets: Declaration and treatment of assets owned before marriage

6. Future Asset Acquisition: Rules for handling assets acquired during marriage

7. Maintenance Obligations: Provisions regarding spousal support during marriage and after potential divorce

8. Pension Rights: Arrangements regarding pension rights equalization (Versorgungsausgleich)

9. Inheritance Provisions: Basic inheritance arrangements between spouses

10. Formal Requirements: Statements regarding notarization and legal advice

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

12. Governing Law: Confirmation of German law as governing law

Optional Sections

1. Business Assets: Specific provisions for business owners regarding company ownership and management

2. Existing Children: Provisions regarding children from previous relationships

3. Future Children: Arrangements regarding potential future children

4. International Assets: Special provisions for couples with international assets or connections

5. Debt Provisions: Specific arrangements regarding existing or future debts

6. Real Estate: Specific provisions for existing or future real estate ownership

7. Intellectual Property: Provisions for handling intellectual property rights

8. Family Gifts: Treatment of gifts from family members during marriage

Suggested Schedules

1. Schedule A - Pre-marital Assets: Detailed inventory of assets owned by each party before marriage

2. Schedule B - Business Interests: Detailed description of business interests and their agreed treatment

3. Schedule C - Real Estate: Details of real estate ownership and related agreements

4. Schedule D - Pension Rights: Detailed information about existing pension rights and their treatment

5. Appendix 1 - Financial Disclosure: Comprehensive financial disclosure by both parties

6. Appendix 2 - Independent Legal Advice: Certificates of 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
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Family Law Attorney

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