Antenuptial agreements, also known as prenuptial agreements, are contracts entered into by couples before they get married. These agreements specify how the couple will divide their assets and debts in the event of a divorce or separation. In Germany, antenuptial agreements are legally binding and enforceable under the provisions of the Civil Code.
The term used for antenuptial agreement in German is “Ehevertrag” and it must be signed by both parties in the presence of a notary public. The Ehevertrag can be created to cover a variety of marital issues including property division, child support, and spousal support. Additionally, the Ehevertrag can define the marital debts and specify how they will be divided in case of divorce.
It is important to note that the terms of the Ehevertrag must be fair and reasonable. If the court finds that one party was at a disadvantage when signing the Ehevertrag, it may be invalidated. Additionally, the Ehevertrag cannot limit child support, as this is considered contrary to public policy.
The Ehevertrag may be amended or revoked at any time during the marriage with the agreement of both parties. However, if one of the parties contests the agreement in court, it may be difficult to have it enforced or invalidated.
In Germany, the Ehevertrag is becoming increasingly popular among couples who want to ensure that their assets are protected and that their divorce settlement is fair and equitable. It is advisable to seek the assistance of a lawyer specializing in family law when drafting an Ehevertrag to ensure that all legal requirements are met and that the agreement is enforceable in court.
In conclusion, antenuptial agreements, or Eheverträge in German, are an effective way for couples to protect their assets and establish clear guidelines for asset division in the event of a divorce. While the agreements must be fair and reasonable, they can provide peace of mind for both parties and protect them from the emotional and financial costs of a contested divorce.