How is a marital agreement correctly drawn up?

You will be marrying soon or have just got married and want to draw up a marital agreement? You'll find various templates here.

The answer in detail

Procedure for drawing up a marriage contract

You and your partner should first define how you wish to manage your matrimonial property. Under the law, following a divorce without a marital agreement, matrimonial property is governed in accordance with the principle of the joint ownership of acquired property. In other words: In the event of a divorce, the assets of each partner prior to the marriage remain in their respective ownership, whereas the joint assets acquired during the marriage are halved. If you do not agree with this scheme, you most definitely should draw up a marital agreement. You can agree to joint or separate property ownership, or a modified division of assets acquired. This marital agreement must be certified by a notary – only then is the matter legally binding. You can find out how to draw up a marital agreement by referring to our sample documents.

Important documents
Vorlage Ehevertrag modifizierte Errungenschaftsbeteiligung
Vorlage Ehevertrag Guetergemeinschaft
Vorlage Ehevertrag Guetertrennung