A guest article by the lawyer Niklas Clamann
A prenuptial agreement is not exactly what you would call romance. Most people think of it as a dry, no-nonsense agreement that is only really important if you have a lot of money or assets. In this guest article I would like to show that a marriage contract can actually be a romantic gesture that shows how much you love your partner and that you want to create a happy and fulfilling future together. My name is Niklas Clamann. I am a lawyer specializing in family law and run my own law firm in Münster, where I specialize in online divorce.
“If I ever meet with the man who fulfills my ideal, I shall make it a condition of the marriage settlement, that I am to have chocolate under the pillow.” -Wilkie Collins-
What is a marriage contract actually? A prenuptial agreement is a written contract concluded between two people who are getting married or are already married. This contract must be notarized, otherwise it is not valid. The marriage contract regulates the legal and financial relationships of the spouses, as well as their rights and obligations during the marriage and in the event of separation or divorce.
What can be agreed in the marriage contract? Basically, it is important that you both agree to the terms of your marriage contract and take enough time in advance to discuss all questions and eventualities. The marriage contract is an individual agreement that should meet the needs and wishes of both parties. It is also a good idea to consult a lawyer to ensure that your contract complies with the legal requirements. Many different provisions can be made in a marriage contract. Some of the most common are: The division of assets In Germany there is a legal regulation of the community of gains. It states that both spouses keep their assets separate from each other during the marriage. If a divorce occurs, the assets of both parties will be compared. If one partner has accumulated more assets during the marriage than the other, he/she must pay compensation. In the marriage contract, the community of gains can be waived and the separation of property can be agreed instead. Here, no compensation is paid at the end of the marriage. It can also be regulated that the assets acquired during the marriage are divided differently or that certain assets (such as a company) are excluded from compensation. Inheritance regulations In the marriage contract, the spouses can specify what claims the other partner has in the event of death. If no special regulations are made, the spouse inherits part of the assets according to the law, the so-called “legal inheritance”. It depends on various factors, for example the number and degree of relatedness of the existing heirs. Alternatively, the spouses can agree that the survivor inherits the entire property minus the compulsory share of other heirs. Certain assets such as real estate or companies can also be transferred to the partner. The inheritance situation of the children can also be regulated in the marriage contract. For example, children from previous relationships can share in the inheritance. Such a regulation can be useful in order to avoid conflicts within the family. Regulations for the organization of the marriage It can be determined who is responsible for certain tasks in the household, such as cleaning, laundry, possible repairs or the garden. The financial coverage of this work can also be divided contractually. The marriage contract can specify how children will be raised and which principles should apply. This usually involves determining care and parenting times as well as questions of shared care and interaction. However, it should be noted that the well-being of the child always comes first and that the provisions in the marriage contract must also be compatible with applicable family law. A prenuptial agreement is also a good idea if you are planning to make a major purchase, such as purchasing real estate. In this way, it can be regulated whether both spouses become owners or whether only one should purchase the house while the other receives a right of residence or use. Financing regulations are also possible, such as who is responsible for repaying the loan or how costs for repairs and maintenance should be divided.
And where is the romance? Prenuptial agreements offer the advantage that you can agree on certain issues in advance. If it is discussed together, later conflicts can be nipped in the bud and ensure that you start on a common basis. The conversation shows that you are both willing to respect your partner’s needs and wishes and integrate them into your shared future. A prenuptial agreement can also help you feel financially independent and therefore have more freedom and opportunities to achieve your dreams and goals. Both spouses can therefore pursue their careers independently of each other without having to fear conflict. A prenuptial agreement can also create security and security. If you know that you can rely on the marriage contract in the event of a separation, you will feel less insecure and vulnerable. The marriage contract provides a stable safety net so that the marriage does not have to be preserved for the sake of marriage, but can be preserved for the sake of love. Of course, a prenuptial agreement cannot guarantee a successful marriage. But it can help you create a stable foundation on which you can build together. If you talk about the marriage contract together and agree on certain regulations in advance, you will also show that you are willing to compromise and get involved with each other. Do you have any more questions? Do you need help with your wedding planning? Then please contact me! Diane Alexandra ♡