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Marital Property Agreement

Marital Property Agreement Template for Germany

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Key Requirements PROMPT example:

Marital Property Agreement

"I need a German Marital Property Agreement for my upcoming marriage in March 2025, with specific provisions to protect my technology startup company and international assets in the US and Germany, including clear separation of business assets and future company growth."

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Document background
The Marital Property Agreement (Ehevertrag) is essential for couples seeking to establish clear financial and property arrangements that differ from the German statutory regime. It is particularly crucial for business owners, high-net-worth individuals, international couples, or those entering subsequent marriages. The document must comply with German Civil Code requirements and undergo mandatory notarization. Typically used before marriage or during marriage, it covers aspects such as property division, spousal support, pension rights equalization, and inheritance matters. The agreement is especially relevant when there are significant assets, business interests, international elements, or complex financial structures involved. It provides legal certainty and can help prevent future disputes by clearly defining financial rights and obligations.
Suggested Sections

1. Parties: Identification and full details of both spouses or future spouses, including current addresses and citizenship

2. Background: Current status of relationship (engaged/married), date of marriage or planned marriage, and general intent of the agreement

3. Definitions: Key terms used throughout the agreement, including specific German legal terms and their meanings

4. Property Regime Selection: Express choice of property regime, typically modifying or opting out of the statutory regime of Zugewinngemeinschaft

5. Pre-marital Assets: Detailed listing and treatment of assets owned by each party before marriage

6. Future Asset Treatment: Rules for handling assets acquired during marriage, including inheritance and gifts

7. Income and Earnings: Treatment of income earned during marriage and any business interests

8. Debt Liability: Allocation of responsibility for existing and future debts

9. Pension and Retirement Benefits: Agreement regarding pension rights equalization (Versorgungsausgleich)

10. Maintenance Obligations: Provisions regarding post-marital maintenance and support

11. Severability: Standard clause ensuring partial invalidity does not void entire agreement

12. Governing Law: Explicit statement of German law application and jurisdiction

13. Execution: Formal execution requirements including notarization statement

Optional Sections

1. International Provisions: Required when one or both parties are non-German citizens or have assets abroad

2. Business Interests Protection: Needed when one or both spouses own business interests requiring special protection

3. Real Estate Provisions: Required when dealing with specific real estate ownership and rights

4. Inheritance Provisions: Optional provisions regarding inheritance rights and waiver of statutory inheritance claims

5. Children's Provisions: Required when there are existing children or planning for future children's interests

6. Relocation Clause: Needed when international relocation is anticipated

7. Language Clause: Required for bilingual agreements when one party is not fluent in German

Suggested Schedules

1. Schedule A - Pre-marital Assets Inventory: Detailed listing of all assets owned by each party prior to marriage

2. Schedule B - Property Valuations: Professional valuations of significant assets mentioned in the agreement

3. Schedule C - Business Assets: Detailed description and valuation of business interests, if applicable

4. Schedule D - Real Estate Details: Property details, including land registry information and mortgages

5. Schedule E - Debt Schedule: Listing of all existing debts and liabilities of both parties

6. Appendix 1 - Certificates: Copies of relevant certificates (marriage, birth, citizenship if applicable)

7. Appendix 2 - Legal Translations: Certified translations if agreement is bilingual

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

alex.den.21@genieai.co
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