Marital agreements & matrimonial property regimes

A marital agreement (Ehevertrag) is not about questioning trust in a relationship – quite the opposite: it provides clarity and security in case life circumstances change. In particular for entrepreneurs, professionals and partners with significant differences in wealth, an individual arrangement regarding the marital agreement and the applicable matrimonial property regime is essential to minimize existential risks and preserve family harmony in the long term.

When does a marital agreement make sense?

The statutory German matrimonial property regime (Zugewinngemeinschaft – a system of deferred community of accrued gains) is a good default, but often does not fit more complex asset situations. A marital agreement is especially advisable for:

• Business owners & shareholders: To ensure that a business is not put at risk by extensive equalization payments in case of divorce.
• Significant private wealth: Where one spouse brings substantial assets such as real estate or inheritance expectations into the marriage.
• Different life plans: For example, where one spouse steps back from a career for family reasons or where there are substantial income differentials.
• International marriages: To clarify which national law and which matrimonial property regime will apply in the event of separation or divorce.

For international clients: if you or your spouse have connections to more than one country, EU regulations and conflict of law rules may lead to foreign law applying – or not applying – to your marriage. A properly tailored marital agreement can bring clarity and legal certainty.

Tax efficient planning:
The Güterstandsschaukel

A marital agreement is much more than a divorce settlement; it is a powerful tool of modern wealth structuring. By deliberately changing the matrimonial property regime (the so‑called Güterstandsschaukel), substantial assets can be transferred between spouses free of inheritance and gift tax. This helps preserve personal allowances for later transfers to the next generation. → Learn more about the Güterstandsschaukel and tax‑related structuring.

Typical contents of a marital agreement

We draft bespoke agreements that can cover, for example:

1. Matrimonial property regime: Modifying the statutory regime of Zugewinngemeinschaft (e.g. excluding business assets from equalization) or agreeing on full separation of property.
2. Post‑marital maintenance: Fair arrangements that balance self‑responsibility and appropriate protection in case of child‑care or other sacrifices.
3. Pension equalization: Rules on the division or modification of pension entitlements.

Protecting the business

For entrepreneurs, a marital agreement is often a form of “existence insurance”. We ensure that the business is not broken up or weakened by liquidity outflows in case of separation. This is typically achieved through a modified statutory regime in which business assets are excluded from the equalization mechanism while private assets remain subject to the standard rules.

Why use a civil law notary?

Under German law, marital agreements and contracts on matrimonial property must be notarized to be valid.

• Fairness and enforceability: We ensure that the agreement is balanced and likely to withstand later judicial scrutiny (avoiding clauses that might be considered unconscionable or contrary to public policy).
• Independent advice: We explain the far‑reaching legal consequences of each clause in a neutral and understandable manner to both parties.

Costs & process

The fees depend on the spouses’ current net assets at the time of signing, as determined by statute.

1. Preliminary discussion: We clarify your objectives and the economic framework.
2. Drafting: We prepare an individual concept, often in close coordination with your lawyers or tax advisors – especially where business interests or complex asset structures are involved.
3. Notarization: In the meeting, we discuss the draft in detail, answer questions and formally notarize the agreement.