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Matrimonial Agreement Template for Germany

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Key Requirements PROMPT example:

Matrimonial Agreement

"I need a German Matrimonial Agreement to protect my family business assets and separate property regime, as I'm the CEO of a medium-sized manufacturing company planning to marry in March 2025, and want to ensure business continuity and clear separation of business assets from marital property."

Document background
The German Matrimonial Agreement (Ehevertrag) serves as a crucial legal instrument for couples seeking to establish clear financial arrangements either before or during marriage under German jurisdiction. This document is particularly relevant for high-net-worth individuals, business owners, professionals with significant assets, or international couples with connections to Germany. It must be executed before a German notary and can modify the statutory property regime (Zugewinngemeinschaft), regulate maintenance obligations, adjust pension rights equalization (Versorgungsausgleich), and address inheritance matters. The agreement is especially important for protecting family businesses, managing international assets, and establishing clear financial boundaries. Unlike prenuptial agreements in some other jurisdictions, German Matrimonial Agreements must follow strict formal requirements and consider both parties' interests to ensure enforceability.
Suggested Sections

1. Parties: Identification and details of both spouses or prospective spouses, including full legal names, addresses, and dates of birth

2. Background: Context of the agreement, including whether it's pre-nuptial or post-nuptial, and the general intention of the parties

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

4. Property Regime Selection: Declaration of departure from the statutory property regime (Zugewinngemeinschaft) and establishment of chosen regime (e.g., ³Òü³Ù±ð°ù³Ù°ù±ð²Ô²Ô³Ü²Ô²µ)

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

6. Future Asset Acquisition: Rules governing the classification and division of assets acquired during marriage

7. Spousal Maintenance: Provisions regarding post-divorce maintenance obligations and any modifications to statutory rights

8. Pension Rights Equalization: Arrangements regarding the statutory pension rights equalization (Versorgungsausgleich)

9. Inheritance Rights: Modifications to statutory inheritance rights and provisions in the event of death

10. Formal Requirements: Statements regarding notarization and legal advice received by both parties

Optional Sections

1. Business Assets Protection: Specific provisions for protecting business interests and company shareholdings, relevant for business owners

2. Children's Provisions: Arrangements regarding existing or future children's financial security, relevant for couples with children or planning to have children

3. International Assets: Special provisions for international property and assets, relevant for couples with international connections

4. Debt Liability: Specific arrangements regarding pre-existing or future debts, particularly relevant for parties with significant liabilities

5. Property Purchase Plans: Specific provisions for planned property acquisitions and their ownership structure

6. Family Business Involvement: Provisions regarding involvement in family businesses and related rights/obligations

7. Intellectual Property Rights: Provisions for handling intellectual property rights, relevant for authors, artists, or inventors

Suggested Schedules

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

2. Schedule B - Real Estate Details: Specific details of any real estate owned by either party, including property registers and mortgages

3. Schedule C - Business Assets: Detailed information about business ownership, shares, and valuations

4. Schedule D - Investment Portfolio: List of investments, securities, and financial instruments owned by either party

5. Schedule E - Pension and Insurance Policies: Details of pension arrangements, life insurance, and other insurance policies

6. Schedule F - Inherited Assets: Documentation of assets inherited or expected to be inherited

7. Appendix 1 - Legal Advice Certificates: Certificates confirming independent legal advice received by both parties

8. Appendix 2 - Asset Valuation Reports: Professional valuation reports for significant assets

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions








































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Relevant Industries

Legal Services

Family Law

Wealth Management

Private Banking

Real Estate

Professional Services

Business Advisory

Financial Services

Family Business

Private Equity

Agriculture (for farming families)

Healthcare (for medical practices)

Hospitality (for family-owned businesses)

Relevant Teams

Legal

Private Banking

Wealth Management

Family Office

Corporate Advisory

Business Succession Planning

Estate Planning

International Tax

Client Relations

Risk Management

Relevant Roles

Family Lawyer

Private Wealth Manager

Business Owner

Managing Director

Chief Executive Officer

Partner (Professional Services)

Financial Advisor

Legal Counsel

Notary

Private Banking Relationship Manager

Estate Planner

Tax Consultant

Business Succession Advisor

Family Office Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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