Prenuptial agreement: what it can govern and where the limits are
A prenuptial agreement is not romantic, but it is often sensible, especially with a business, a large disparity in wealth, or a second marriage. It creates clarity for the case of divorce. But it has limits on form and content that you should know.
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What you should do now
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1. Clarify the goals
What should be governed: assets, support, retirement provision? And why?
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2. Observe fairness
A balanced arrangement holds up; a one-sided disadvantage risks invalidity.
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3. Notary appointment
The prenuptial agreement must be notarized; both sides should seek advice beforehand.
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4. Update it
Review the agreement again in the event of major changes (children, real estate, self-employment).
Frequently asked questions
What can a prenuptial agreement govern?
Above all the property regime (such as separation of property or a modified community of accrued gains), post-marital support and pension equalization. It must be notarized. Child support is excluded from this; it cannot be excluded to the detriment of the child.
Can a prenuptial agreement be invalid?
Yes. If the agreement disadvantages one partner one-sidedly and grossly unfairly, it can be wholly or partly immoral and therefore invalid (§ 138 BGB). The courts examine this through a validity review and an exercise review. A balanced arrangement with advice on both sides is considerably more robust.
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General information for self-help, not legal advice (RDG). In case of a high loss or uncertainty: contact a consumer advice center or a lawyer.