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Antenuptial Agreement

Antenuptial Agreement Template for Germany

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Key Requirements PROMPT example:

Antenuptial Agreement

"I need an Antenuptial Agreement under German law that protects my technology startup company and international assets, with specific provisions for potential future IPO proceeds and intellectual property rights, planned for completion by March 2025."

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Document background
The Antenuptial Agreement is a crucial legal document used in Germany before entering into marriage to establish clear terms regarding property rights, financial obligations, and asset protection. It is particularly important for individuals with significant assets, business interests, or complex financial situations. The document must be notarized under German law and comply with the German Civil Code (BGB), addressing matters such as property regime selection, maintenance obligations, pension rights, and inheritance provisions. It's commonly used by business owners, high-net-worth individuals, or those seeking clarity in their financial arrangements before marriage. The agreement requires careful consideration of German legal requirements, including mandatory notarization, fair terms, and comprehensive disclosure of assets. It serves as a protective measure for both parties, providing clarity and security while respecting German constitutional principles regarding marriage and equality.
Suggested Sections

1. Parties: Identification of both parties to the marriage, including full legal names, addresses, dates of birth, and nationalities

2. Background: Context of the agreement, including the planned marriage date and location, and confirmation that both parties enter into this agreement freely

3. Definitions: Key terms used throughout the agreement, including specific German legal concepts that may need clarification

4. Matrimonial Property Regime: Selection of property regime (e.g., separation of property '³Òü³Ù±ð°ù³Ù°ù±ð²Ô²Ô³Ü²Ô²µ' or modified community of accrued gains 'modifizierte Zugewinngemeinschaft')

5. Pre-marital Assets: Declaration and documentation of assets owned by each party before marriage

6. Future Asset Treatment: Provisions for handling assets acquired during marriage and their classification

7. Maintenance During Marriage: Arrangements for financial support and cost sharing during marriage

8. Post-divorce Maintenance: Provisions regarding spousal support obligations in case of divorce

9. Pension Rights Adjustment: Arrangements regarding pension entitlements and their treatment in case of divorce

10. Inheritance Rights: Provisions regarding mutual inheritance rights and any modifications to statutory inheritance rules

11. General Provisions: Standard clauses including severability, amendment procedures, and applicable law

12. Execution: Formal execution requirements including notarization acknowledgments

Optional Sections

1. Business Assets Protection: Specific provisions for protecting business interests and company ownership - used when either party owns or may inherit a business

2. International Assets: Special provisions for foreign property and assets - used when parties have or anticipate having assets in multiple jurisdictions

3. Children's Provisions: Arrangements regarding future children's maintenance and education - used when parties want to address children's matters in advance

4. Religious Marriage Requirements: Specific provisions related to religious marriage ceremonies and obligations - used for couples requiring religious marriage recognition

5. Debt Protection: Specific provisions regarding pre-existing or future debts - used when either party has significant debt or credit obligations

6. Family Business Involvement: Provisions regarding involvement in family businesses - used when either party is part of a family business

7. Intellectual Property Rights: Provisions for handling intellectual property and royalties - used for authors, artists, or inventors

8. Digital Assets: Provisions for handling digital assets and cryptocurrencies - used when parties have significant digital assets

Suggested Schedules

1. Schedule A - Pre-marital Assets Inventory: Detailed listing of all assets owned by each party before marriage, including valuations

2. Schedule B - Business Assets: Detailed description and valuation of business interests owned by either party

3. Schedule C - Real Estate Holdings: Details of all real estate owned by either party, including ownership structure and valuations

4. Schedule D - Investment Portfolio: Listing of investments, securities, and financial accounts

5. Schedule E - Debts and Liabilities: Comprehensive list of all debts and financial obligations of each party

6. Appendix 1 - Legal Certificates: Copies of relevant legal documents including birth certificates, property titles, etc.

7. Appendix 2 - Independent Legal Advice: Certificates confirming that each party received independent legal advice

8. Appendix 3 - Valuations: Professional valuations of significant assets mentioned in the agreement

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈË°æ | 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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