The marriage contract is a necessary component for a responsible organization of the legal effects of the marriage. In the event of divorce, it creates a clear relationship and protects the assets from destruction. Family law regulations through marriage contracts are thus an important instrument in asset protection.
A marriage contract can be concluded both before and after the marriage, especially at a time when the partners do not even think about the failure of their marriage and only want to make provision for the "worst case". A marriage contract must be concluded with the simultaneous presence of both spouses for notarial recording. The drafting of the contract and a consultation can take place beforehand with a lawyer.
Marriage contracts are reviewed by the courts to determine whether the benefits and burdens have been distributed too unilaterally. In the case of a particularly unilateral imposition of contractual burdens and a considerably unequal negotiating position, the contracts may be invalid or inapplicable.
For marriages with a foreign connection, counselling is particularly important. This includes marriages between citizens of different nations or between spouses with worldwide assets and different places of residence. In such cases, a marriage contract is particularly advisable in order to legally establish a solution that is in line with your interests. There are already considerable differences between the various legal systems within, but even more so outside, the European legal area.