FAMILY LAW
Prenuptial agreements: what can effectively be agreed
A prenuptial agreement is not a declaration of mistrust. It only answers the question of who sets the rules if the worst happens: the two of you, or the statute. I am Dr Hanna Schmidt, attorney at law at DR. SCHMIDT LEGAL in Cologne. I record your aims and your financial position, draft the arrangement, negotiate it with the other side and attend the appointment with the notary.
Prenuptial agreements: three main fields an agreement can order
Without an agreement the statutory property regime of the community of accrued gains applies. A prenuptial agreement operates at three points, and it helps to think of them separately, because each has its own rules and its own limits.
The matrimonial property regime
Spouses can regulate their property relations by agreement and can also change the regime after marrying (section 1408(1) German Civil Code). The two end points are the community of accrued gains and separation of property (section 1414), and between them lies what is almost always the right answer in practice: a modified equalisation of accrued gains.
Maintenance
Post-marital maintenance can be regulated by agreement (section 1585c German Civil Code). Separation maintenance and child maintenance cannot be, for the future: child maintenance cannot be waived (section 1614(1)), and the same follows for separation maintenance from section 1361(4) sentence 4 via section 1360a(3).
The pension rights adjustment
Agreements are possible (sections 6 and 7 Pension Rights Adjustment Act). In a prenuptial agreement the form under section 1410 German Civil Code applies, and the court reviews the agreement for validity (section 8 Pension Rights Adjustment Act). This is the item most frequently excluded across the board and least frequently actually calculated.
Separation of property is rarely the right answer
Separation of property sounds like legal clarity, but in practice it is often a loss-making deal for both sides. It excludes the statutory equalisation of accrued gains entirely, and in both directions. That hits the partner particularly hard who steps back during the marriage to care for children or reduces their hours. Separation of property also changes the surviving spouse's statutory inheritance rights considerably, because the flat-rate inheritance increase compensating for accrued gains falls away (section 1371(1) German Civil Code).
Anyone wanting to protect assets is almost always better served by a modified equalisation of accrued gains: it keeps the statutory regime in principle but takes specific values out of the calculation, such as a shareholding, an inheritance or a property. Everything else remains subject to equalisation as normal.
A modified equalisation therefore offers decisive advantages: it can be adapted flexibly to your circumstances like a set of building blocks, it protects the partner in inheritance terms on death, and above all it keeps the equalisation of accrued gains entirely free of tax on death (section 5 German Inheritance Tax Act), a substantial financial advantage that falls away with separation of property and is not replaced.
The question “separation of property, yes or no?” is therefore almost always the wrong starting point. The right one is: what should be excluded from the equalisation, and what should flow into the accrued gains?
Form: notarial, simultaneous, both present
A prenuptial agreement has to be concluded before a notary with both parties present at the same time (section 1410 German Civil Code). There is no informal variant, no signing by post and no arrangement that is “recorded later”. Whatever is agreed without that form is not a prenuptial agreement.
The notary records and advises both sides neutrally; they do not negotiate and do not represent anyone. Anyone who wants their interests represented needs legal advice beforehand. The content comes about in the negotiation; the notary appointment fixes it. Anyone who first discovers at the notary's what the document says has left it too late.
The validity review: two examinations, one principle
A prenuptial agreement is not untouchable merely because it was recorded. The courts examine it in two steps. An agreement that burdens one side so heavily at the time of conclusion that it offends against public policy is void (section 138 German Civil Code). The exercise review asks whether relying on the agreement is still honest today (section 242).
An agreement that was defensible when concluded can become irrelevant after fifteen years and two children, if life has developed quite differently from what was originally assumed. Two drafting rules follow: first, the document should state why a provision is being made. Second, the burdened side needs a recognisable consideration or protection.
A prenuptial agreement after years of marriage
A prenuptial agreement is not tied to the wedding. The property regime can also be changed after marrying (section 1408(1) German Civil Code), and in practice the later agreement is often the better one: the financial position is known, the division of roles has revealed itself, and nobody is signing under the time pressure of an imminent wedding.
To be distinguished from that is the agreement made once a separation is already settled. The instrument is then no longer a prenuptial agreement but a divorce settlement agreement. And if the petition is already pending, a separate formal requirement applies to any agreement about accrued gains in any event (section 1378(3) sentence 2).
Adaptation: an agreement is not a monument
A prenuptial agreement that sits unchanged in a folder for ten years describes a marriage that no longer exists. A review makes sense on the events that shift the assumptions: the birth of a child, a longer break from work, buying property, an inheritance, a move abroad. For the last of these, the question of which law then applies comes in as well.
Anyone drafting anyway should think about the inheritance side too: the prenuptial agreement and the will concern the same shares, and a change of property regime alters the statutory share of the estate.
Why prenuptial agreements do not hold up later
01
The standard form
A template from the internet or from someone else's document fits someone else's life. The agreement then covers things that do not exist and says nothing about the one item that actually matters.
02
A one-sided waiver without any compensation
One side gives up accrued gains, maintenance and the pension rights adjustment and receives nothing in return. The arrangement falls at the validity or exercise review (sections 138 and 242 German Civil Code), and precisely at the moment it is needed.
03
Signing under time pressure
The draft arrives ten days before the wedding and the notary appointment is two days before it. The result is a vulnerable agreement. A few weeks of lead time is realistic. If time is too short, an arrangement made a few months after the wedding is more robust.
04
Excluding the pension rights adjustment across the board
The exclusion hits the person who cares for children or works part-time, and only takes effect decades later. It is the item on which prenuptial agreements most often fail on review, and the one most easily saved by a differentiated arrangement.
05
Not documenting the reasons
A clause without reasons stands alone. On an exercise review, precisely the argument that would have carried the arrangement is missing.
How I proceed
01
Initial consultation
In our first conversation, at Jakordenstrasse 8 or by video, we clarify the occasion, the assets and liabilities, both working histories and what you envisage for the next ten years.
02
Draft
I then prepare the draft with explanations for my client. What can be agreed has limits, and I name them in advance.
03
Negotiation
Then comes the negotiation with your partner and their lawyer. I expressly recommend that the other side takes their own advice: it makes the agreement considerably more durable.
04
Notarial recording
I arrange the recording appointment with a notary's office, read the notary's draft against the agreed text and report back any deviations. After the recording I reconcile the agreement with any existing wills.
A situation that arises regularly
01
A couple in Cologne, both working, one owner-occupied flat
The flat belongs to one of them alone, a child is planned, and one side will reduce their working hours for a longer period. Separation of property is the obvious and the wrong answer. What makes sense is to take the flat out of the accrued gains, to agree a maintenance arrangement with a time limit, and to let the pension rights adjustment run from the birth of the child.
Prenuptial agreements in Cologne: office, notary appointment, jurisdiction
The office is at Jakordenstrasse 8 in 50668 Cologne. The conversations take place there, or by video if you prefer. A prenuptial agreement comes about through drafts and negotiation, and distance is rarely the problem. I therefore also advise clients outside the Cologne area.
The recording takes place before a notary, and I arrange the appointment with a notary's office that suits you. If the validity of a provision is disputed years later, that is decided by the family court, for Cologne couples as a rule the Cologne Local Court. Appeals go to the Cologne Higher Regional Court.
YOUR QUESTIONS
Frequently asked questions
Whenever the statutory rules would lead to a result neither of you wants. Typical occasions are a gap in income or assets, a property or an inheritance, a planned break from work, a second marriage or a foreign element. The property regime can still be changed years after the wedding. Where a business forms part of the assets, the occasion is on the table anyway.
Child maintenance cannot be waived for the future (section 1614(1) German Civil Code), and the same applies to separation maintenance. Custody and contact cannot be settled in advance in a binding way, because they are decided by the child's best interests (section 1697a). What can be regulated is above all the property regime, post-marital maintenance and the pension rights adjustment, and even there not without limits.
No. A prenuptial agreement has to be concluded before a notary with both parties present at the same time (section 1410 German Civil Code). A privately written agreement about the property regime, post-marital maintenance or the pension rights adjustment is not a prenuptial agreement, even if both have signed it. The notary records and advises neutrally; they do not negotiate and represent neither side. Anyone who wants an agreement tailored to them instructs a lawyer. That preparatory work is exactly my job.
Yes, and that is the most important reason to draft it carefully. The courts examine it twice: validity at the time of conclusion (section 138 German Civil Code) and whether relying on the agreement is still honest today (section 242). What helps: documenting the reasons for the arrangement, protecting the burdened side, and reviewing the agreement on births, career breaks or inheritances.
I bill by time, at an hourly rate of 280 euros plus 19% VAT. The statutory fees under the German Lawyers' Fees Act (RVG) form the minimum. That said, the liability risk in a prenuptial agreement has to be reflected as well. For preparing the first draft a fixed price is therefore usually appropriate. Revisions and rounds of negotiation with your partner are charged on the basis of time spent at the hourly rate.
A prenuptial agreement in Cologne: discuss it early, draft it calmly
An agreement that survives a validity review needs lead time and documented reasons. In the initial consultation we clarify what should be arranged in your case and what is better left open. Appointments at Jakordenstrasse 8 or by video.
FAMILY LAW
Prenuptial agreements: what can effectively be agreed
A prenuptial agreement is not a declaration of mistrust. It only answers the question of who sets the rules if the worst happens: the two of you, or the statute. I am Dr Hanna Schmidt, attorney at law at DR. SCHMIDT LEGAL in Cologne. I record your aims and your financial position, draft the arrangement, negotiate it with the other side and attend the appointment with the notary.
Prenuptial agreements: three main fields an agreement can order
Without an agreement the statutory property regime of the community of accrued gains applies. A prenuptial agreement operates at three points, and it helps to think of them separately, because each has its own rules and its own limits.
The matrimonial property regime
Spouses can regulate their property relations by agreement and can also change the regime after marrying (section 1408(1) German Civil Code). The two end points are the community of accrued gains and separation of property (section 1414), and between them lies what is almost always the right answer in practice: a modified equalisation of accrued gains.
Maintenance
Post-marital maintenance can be regulated by agreement (section 1585c German Civil Code). Separation maintenance and child maintenance cannot be, for the future: child maintenance cannot be waived (section 1614(1)), and the same follows for separation maintenance from section 1361(4) sentence 4 via section 1360a(3).
The pension rights adjustment
Agreements are possible (sections 6 and 7 Pension Rights Adjustment Act). In a prenuptial agreement the form under section 1410 German Civil Code applies, and the court reviews the agreement for validity (section 8 Pension Rights Adjustment Act). This is the item most frequently excluded across the board and least frequently actually calculated.
Separation of property is rarely the right answer
Separation of property sounds like legal clarity, but in practice it is often a loss-making deal for both sides. It excludes the statutory equalisation of accrued gains entirely, and in both directions. That hits the partner particularly hard who steps back during the marriage to care for children or reduces their hours. Separation of property also changes the surviving spouse's statutory inheritance rights considerably, because the flat-rate inheritance increase compensating for accrued gains falls away (section 1371(1) German Civil Code).
Anyone wanting to protect assets is almost always better served by a modified equalisation of accrued gains: it keeps the statutory regime in principle but takes specific values out of the calculation, such as a shareholding, an inheritance or a property. Everything else remains subject to equalisation as normal.
A modified equalisation therefore offers decisive advantages: it can be adapted flexibly to your circumstances like a set of building blocks, it protects the partner in inheritance terms on death, and above all it keeps the equalisation of accrued gains entirely free of tax on death (section 5 German Inheritance Tax Act), a substantial financial advantage that falls away with separation of property and is not replaced.
The question “separation of property, yes or no?” is therefore almost always the wrong starting point. The right one is: what should be excluded from the equalisation, and what should flow into the accrued gains?
Form: notarial, simultaneous, both present
A prenuptial agreement has to be concluded before a notary with both parties present at the same time (section 1410 German Civil Code). There is no informal variant, no signing by post and no arrangement that is “recorded later”. Whatever is agreed without that form is not a prenuptial agreement.
The notary records and advises both sides neutrally; they do not negotiate and do not represent anyone. Anyone who wants their interests represented needs legal advice beforehand. The content comes about in the negotiation; the notary appointment fixes it. Anyone who first discovers at the notary's what the document says has left it too late.
The validity review: two examinations, one principle
A prenuptial agreement is not untouchable merely because it was recorded. The courts examine it in two steps. An agreement that burdens one side so heavily at the time of conclusion that it offends against public policy is void (section 138 German Civil Code). The exercise review asks whether relying on the agreement is still honest today (section 242).
An agreement that was defensible when concluded can become irrelevant after fifteen years and two children, if life has developed quite differently from what was originally assumed. Two drafting rules follow: first, the document should state why a provision is being made. Second, the burdened side needs a recognisable consideration or protection.
A prenuptial agreement after years of marriage
A prenuptial agreement is not tied to the wedding. The property regime can also be changed after marrying (section 1408(1) German Civil Code), and in practice the later agreement is often the better one: the financial position is known, the division of roles has revealed itself, and nobody is signing under the time pressure of an imminent wedding.
To be distinguished from that is the agreement made once a separation is already settled. The instrument is then no longer a prenuptial agreement but a divorce settlement agreement. And if the petition is already pending, a separate formal requirement applies to any agreement about accrued gains in any event (section 1378(3) sentence 2).
Adaptation: an agreement is not a monument
A prenuptial agreement that sits unchanged in a folder for ten years describes a marriage that no longer exists. A review makes sense on the events that shift the assumptions: the birth of a child, a longer break from work, buying property, an inheritance, a move abroad. For the last of these, the question of which law then applies comes in as well.
Anyone drafting anyway should think about the inheritance side too: the prenuptial agreement and the will concern the same shares, and a change of property regime alters the statutory share of the estate.
Why prenuptial agreements do not hold up later
01
The standard form
A template from the internet or from someone else's document fits someone else's life. The agreement then covers things that do not exist and says nothing about the one item that actually matters.
02
A one-sided waiver without any compensation
One side gives up accrued gains, maintenance and the pension rights adjustment and receives nothing in return. The arrangement falls at the validity or exercise review (sections 138 and 242 German Civil Code), and precisely at the moment it is needed.
03
Signing under time pressure
The draft arrives ten days before the wedding and the notary appointment is two days before it. The result is a vulnerable agreement. A few weeks of lead time is realistic. If time is too short, an arrangement made a few months after the wedding is more robust.
04
Excluding the pension rights adjustment across the board
The exclusion hits the person who cares for children or works part-time, and only takes effect decades later. It is the item on which prenuptial agreements most often fail on review, and the one most easily saved by a differentiated arrangement.
05
Not documenting the reasons
A clause without reasons stands alone. On an exercise review, precisely the argument that would have carried the arrangement is missing.
How I proceed
01
Initial consultation
In our first conversation, at Jakordenstrasse 8 or by video, we clarify the occasion, the assets and liabilities, both working histories and what you envisage for the next ten years.
02
Draft
I then prepare the draft with explanations for my client. What can be agreed has limits, and I name them in advance.
03
Negotiation
Then comes the negotiation with your partner and their lawyer. I expressly recommend that the other side takes their own advice: it makes the agreement considerably more durable.
04
Notarial recording
I arrange the recording appointment with a notary's office, read the notary's draft against the agreed text and report back any deviations. After the recording I reconcile the agreement with any existing wills.
A situation that arises regularly
01
A couple in Cologne, both working, one owner-occupied flat
The flat belongs to one of them alone, a child is planned, and one side will reduce their working hours for a longer period. Separation of property is the obvious and the wrong answer. What makes sense is to take the flat out of the accrued gains, to agree a maintenance arrangement with a time limit, and to let the pension rights adjustment run from the birth of the child.
Prenuptial agreements in Cologne: office, notary appointment, jurisdiction
The office is at Jakordenstrasse 8 in 50668 Cologne. The conversations take place there, or by video if you prefer. A prenuptial agreement comes about through drafts and negotiation, and distance is rarely the problem. I therefore also advise clients outside the Cologne area.
The recording takes place before a notary, and I arrange the appointment with a notary's office that suits you. If the validity of a provision is disputed years later, that is decided by the family court, for Cologne couples as a rule the Cologne Local Court. Appeals go to the Cologne Higher Regional Court.
YOUR QUESTIONS
Frequently asked questions
Whenever the statutory rules would lead to a result neither of you wants. Typical occasions are a gap in income or assets, a property or an inheritance, a planned break from work, a second marriage or a foreign element. The property regime can still be changed years after the wedding. Where a business forms part of the assets, the occasion is on the table anyway.
Child maintenance cannot be waived for the future (section 1614(1) German Civil Code), and the same applies to separation maintenance. Custody and contact cannot be settled in advance in a binding way, because they are decided by the child's best interests (section 1697a). What can be regulated is above all the property regime, post-marital maintenance and the pension rights adjustment, and even there not without limits.
No. A prenuptial agreement has to be concluded before a notary with both parties present at the same time (section 1410 German Civil Code). A privately written agreement about the property regime, post-marital maintenance or the pension rights adjustment is not a prenuptial agreement, even if both have signed it. The notary records and advises neutrally; they do not negotiate and represent neither side. Anyone who wants an agreement tailored to them instructs a lawyer. That preparatory work is exactly my job.
Yes, and that is the most important reason to draft it carefully. The courts examine it twice: validity at the time of conclusion (section 138 German Civil Code) and whether relying on the agreement is still honest today (section 242). What helps: documenting the reasons for the arrangement, protecting the burdened side, and reviewing the agreement on births, career breaks or inheritances.
I bill by time, at an hourly rate of 280 euros plus 19% VAT. The statutory fees under the German Lawyers' Fees Act (RVG) form the minimum. That said, the liability risk in a prenuptial agreement has to be reflected as well. For preparing the first draft a fixed price is therefore usually appropriate. Revisions and rounds of negotiation with your partner are charged on the basis of time spent at the hourly rate.
A prenuptial agreement in Cologne: discuss it early, draft it calmly
An agreement that survives a validity review needs lead time and documented reasons. In the initial consultation we clarify what should be arranged in your case and what is better left open. Appointments at Jakordenstrasse 8 or by video.
FAMILY LAW
Prenuptial agreements: what can effectively be agreed
A prenuptial agreement is not a declaration of mistrust. It only answers the question of who sets the rules if the worst happens: the two of you, or the statute. I am Dr Hanna Schmidt, attorney at law at DR. SCHMIDT LEGAL in Cologne. I record your aims and your financial position, draft the arrangement, negotiate it with the other side and attend the appointment with the notary.
Prenuptial agreements: three main fields an agreement can order
Without an agreement the statutory property regime of the community of accrued gains applies. A prenuptial agreement operates at three points, and it helps to think of them separately, because each has its own rules and its own limits.
The matrimonial property regime
Spouses can regulate their property relations by agreement and can also change the regime after marrying (section 1408(1) German Civil Code). The two end points are the community of accrued gains and separation of property (section 1414), and between them lies what is almost always the right answer in practice: a modified equalisation of accrued gains.
Maintenance
Post-marital maintenance can be regulated by agreement (section 1585c German Civil Code). Separation maintenance and child maintenance cannot be, for the future: child maintenance cannot be waived (section 1614(1)), and the same follows for separation maintenance from section 1361(4) sentence 4 via section 1360a(3).
The pension rights adjustment
Agreements are possible (sections 6 and 7 Pension Rights Adjustment Act). In a prenuptial agreement the form under section 1410 German Civil Code applies, and the court reviews the agreement for validity (section 8 Pension Rights Adjustment Act). This is the item most frequently excluded across the board and least frequently actually calculated.
Separation of property is rarely the right answer
Separation of property sounds like legal clarity, but in practice it is often a loss-making deal for both sides. It excludes the statutory equalisation of accrued gains entirely, and in both directions. That hits the partner particularly hard who steps back during the marriage to care for children or reduces their hours. Separation of property also changes the surviving spouse's statutory inheritance rights considerably, because the flat-rate inheritance increase compensating for accrued gains falls away (section 1371(1) German Civil Code).
Anyone wanting to protect assets is almost always better served by a modified equalisation of accrued gains: it keeps the statutory regime in principle but takes specific values out of the calculation, such as a shareholding, an inheritance or a property. Everything else remains subject to equalisation as normal.
A modified equalisation therefore offers decisive advantages: it can be adapted flexibly to your circumstances like a set of building blocks, it protects the partner in inheritance terms on death, and above all it keeps the equalisation of accrued gains entirely free of tax on death (section 5 German Inheritance Tax Act), a substantial financial advantage that falls away with separation of property and is not replaced.
The question “separation of property, yes or no?” is therefore almost always the wrong starting point. The right one is: what should be excluded from the equalisation, and what should flow into the accrued gains?
Form: notarial, simultaneous, both present
A prenuptial agreement has to be concluded before a notary with both parties present at the same time (section 1410 German Civil Code). There is no informal variant, no signing by post and no arrangement that is “recorded later”. Whatever is agreed without that form is not a prenuptial agreement.
The notary records and advises both sides neutrally; they do not negotiate and do not represent anyone. Anyone who wants their interests represented needs legal advice beforehand. The content comes about in the negotiation; the notary appointment fixes it. Anyone who first discovers at the notary's what the document says has left it too late.
The validity review: two examinations, one principle
A prenuptial agreement is not untouchable merely because it was recorded. The courts examine it in two steps. An agreement that burdens one side so heavily at the time of conclusion that it offends against public policy is void (section 138 German Civil Code). The exercise review asks whether relying on the agreement is still honest today (section 242).
An agreement that was defensible when concluded can become irrelevant after fifteen years and two children, if life has developed quite differently from what was originally assumed. Two drafting rules follow: first, the document should state why a provision is being made. Second, the burdened side needs a recognisable consideration or protection.
A prenuptial agreement after years of marriage
A prenuptial agreement is not tied to the wedding. The property regime can also be changed after marrying (section 1408(1) German Civil Code), and in practice the later agreement is often the better one: the financial position is known, the division of roles has revealed itself, and nobody is signing under the time pressure of an imminent wedding.
To be distinguished from that is the agreement made once a separation is already settled. The instrument is then no longer a prenuptial agreement but a divorce settlement agreement. And if the petition is already pending, a separate formal requirement applies to any agreement about accrued gains in any event (section 1378(3) sentence 2).
Adaptation: an agreement is not a monument
A prenuptial agreement that sits unchanged in a folder for ten years describes a marriage that no longer exists. A review makes sense on the events that shift the assumptions: the birth of a child, a longer break from work, buying property, an inheritance, a move abroad. For the last of these, the question of which law then applies comes in as well.
Anyone drafting anyway should think about the inheritance side too: the prenuptial agreement and the will concern the same shares, and a change of property regime alters the statutory share of the estate.
Why prenuptial agreements do not hold up later
01
The standard form
A template from the internet or from someone else's document fits someone else's life. The agreement then covers things that do not exist and says nothing about the one item that actually matters.
02
A one-sided waiver without any compensation
One side gives up accrued gains, maintenance and the pension rights adjustment and receives nothing in return. The arrangement falls at the validity or exercise review (sections 138 and 242 German Civil Code), and precisely at the moment it is needed.
03
Signing under time pressure
The draft arrives ten days before the wedding and the notary appointment is two days before it. The result is a vulnerable agreement. A few weeks of lead time is realistic. If time is too short, an arrangement made a few months after the wedding is more robust.
04
Excluding the pension rights adjustment across the board
The exclusion hits the person who cares for children or works part-time, and only takes effect decades later. It is the item on which prenuptial agreements most often fail on review, and the one most easily saved by a differentiated arrangement.
05
Not documenting the reasons
A clause without reasons stands alone. On an exercise review, precisely the argument that would have carried the arrangement is missing.
How I proceed
01
Initial consultation
In our first conversation, at Jakordenstrasse 8 or by video, we clarify the occasion, the assets and liabilities, both working histories and what you envisage for the next ten years.
02
Draft
I then prepare the draft with explanations for my client. What can be agreed has limits, and I name them in advance.
03
Negotiation
Then comes the negotiation with your partner and their lawyer. I expressly recommend that the other side takes their own advice: it makes the agreement considerably more durable.
04
Notarial recording
I arrange the recording appointment with a notary's office, read the notary's draft against the agreed text and report back any deviations. After the recording I reconcile the agreement with any existing wills.
A situation that arises regularly
01
A couple in Cologne, both working, one owner-occupied flat
The flat belongs to one of them alone, a child is planned, and one side will reduce their working hours for a longer period. Separation of property is the obvious and the wrong answer. What makes sense is to take the flat out of the accrued gains, to agree a maintenance arrangement with a time limit, and to let the pension rights adjustment run from the birth of the child.
Prenuptial agreements in Cologne: office, notary appointment, jurisdiction
The office is at Jakordenstrasse 8 in 50668 Cologne. The conversations take place there, or by video if you prefer. A prenuptial agreement comes about through drafts and negotiation, and distance is rarely the problem. I therefore also advise clients outside the Cologne area.
The recording takes place before a notary, and I arrange the appointment with a notary's office that suits you. If the validity of a provision is disputed years later, that is decided by the family court, for Cologne couples as a rule the Cologne Local Court. Appeals go to the Cologne Higher Regional Court.
YOUR QUESTIONS
Frequently asked questions
Whenever the statutory rules would lead to a result neither of you wants. Typical occasions are a gap in income or assets, a property or an inheritance, a planned break from work, a second marriage or a foreign element. The property regime can still be changed years after the wedding. Where a business forms part of the assets, the occasion is on the table anyway.
Child maintenance cannot be waived for the future (section 1614(1) German Civil Code), and the same applies to separation maintenance. Custody and contact cannot be settled in advance in a binding way, because they are decided by the child's best interests (section 1697a). What can be regulated is above all the property regime, post-marital maintenance and the pension rights adjustment, and even there not without limits.
No. A prenuptial agreement has to be concluded before a notary with both parties present at the same time (section 1410 German Civil Code). A privately written agreement about the property regime, post-marital maintenance or the pension rights adjustment is not a prenuptial agreement, even if both have signed it. The notary records and advises neutrally; they do not negotiate and represent neither side. Anyone who wants an agreement tailored to them instructs a lawyer. That preparatory work is exactly my job.
Yes, and that is the most important reason to draft it carefully. The courts examine it twice: validity at the time of conclusion (section 138 German Civil Code) and whether relying on the agreement is still honest today (section 242). What helps: documenting the reasons for the arrangement, protecting the burdened side, and reviewing the agreement on births, career breaks or inheritances.
I bill by time, at an hourly rate of 280 euros plus 19% VAT. The statutory fees under the German Lawyers' Fees Act (RVG) form the minimum. That said, the liability risk in a prenuptial agreement has to be reflected as well. For preparing the first draft a fixed price is therefore usually appropriate. Revisions and rounds of negotiation with your partner are charged on the basis of time spent at the hourly rate.
A prenuptial agreement in Cologne: discuss it early, draft it calmly
An agreement that survives a validity review needs lead time and documented reasons. In the initial consultation we clarify what should be arranged in your case and what is better left open. Appointments at Jakordenstrasse 8 or by video.