Worth knowing

News and tips about prenuptial agreements

Community of accrued gains or separation of property? The big comparison

Community of accrued gains vs. separation of property: What suits us? Anyone who gets married decides (often unconsciously) also for an economic model. Many couples falsely believe that a prenuptial agreement automatically means “separation of property”. But that is only one of several options. The legal standard is the community of accrued gains. But what is actually the difference? And which model is the fairest for modern partnerships? We compare the two concepts.

Concluding a prenuptial agreement retroactively: Procedure, costs & deadlines

Concluding a prenuptial agreement retroactively: Is it too late for that? The wedding bells have long since faded, everyday life has returned, perhaps there are children or a company was founded. Suddenly the thought comes up: “We didn’t regulate anything back then.” Many couples live in the misconception that a prenuptial agreement is only possible before the marriage (as a so-called “prenup”). The good news is: A prenuptial agreement can be concluded at any time. Regardless of whether you have been married for three days, three years or thirty years. As long as the divorce is not yet legally binding, you can reorganize your affairs.

International marriage & divorce: Which law applies? (Choice of law)

Prenuptial agreement for international couples: Which law applies? Love knows no borders – unfortunately, divorce law does. In our globalized world, binational marriages or couples who move abroad for professional reasons have long been everyday life. But the legal consequences are often massively underestimated. Anyone who believes: “We got married in Munich, so German law applies” is often wrong. Without a prenuptial agreement with a so-called choice of law clause, a divorce can become an unpredictable legal adventure.

Prenuptial agreement & house construction: Who owns the property in case of divorce?

Prenuptial agreement and house construction: Who owns the property in case of separation? The dream of owning a home is often the biggest financial project of a couple. But when love breaks, the dream house quickly becomes a nightmare. “Do we have to sell the house?” is one of the most common questions to divorce lawyers. The answer without a prenuptial agreement is unfortunately often: Yes, indirectly. We explain why real estate is so problematic in the statutory matrimonial property regime and how you can protect your home.

Prenuptial agreement for entrepreneurs & self-employed: How to protect your company

Prenuptial agreement for entrepreneurs: How to protect your company in the event of a divorce For entrepreneurs, freelancers and the self-employed, marriage is not only a private matter, but also an entrepreneurial risk. What sounds unromantic is harsh reality: Without a prenuptial agreement, the statutory matrimonial property regime of the community of accrued gains applies. In the event of a divorce, this mechanism can drive even healthy companies to ruin.

Self-Test: Do I need a prenuptial agreement? The big checklist

Self-Test: Do I need a prenuptial agreement? “We love each other, we don’t need paper.” This sentence is romantic, but often legally naive. With the community of accrued gains, German law provides a “one-size-fits-all” model. This fits the classic family (both work similarly much, build up assets together) very well. But as soon as your life situation deviates from this, the standard can become unfair. Take the quick check! Answer the following 7 questions. If you answer “Yes” even once, legal or notarial advice is urgently recommended.

The modified community of accrued gains: The best matrimonial property regime?

The modified community of accrued gains: The golden mean explained When couples go to a lawyer, they often say: “We want separation of property.” By this they mean: “We do not want to argue about assets in the event of a divorce.” What many do not know: Strict separation of property is often not the best solution at all. It brings with it tangible tax disadvantages. The modern alternative that notaries advise today in most cases is the modified community of accrued gains. It combines the security of separation of property with the tax advantages of classic marriage.

What does a prenuptial agreement cost? Fees, Examples & Savings Tips (2025)

What does a prenuptial agreement cost? An overview of the fees Anyone thinking about a prenuptial agreement often immediately has dollar signs in their eyes – but in a negative sense. The fear of high notary costs scares many couples off. But this worry is often unfounded. If you compare the costs of a prenuptial agreement with the costs of a War of the Roses in court, the contract is almost always the cheaper “insurance”.

When is a prenuptial agreement invalid? Immoral clauses explained

What must not be in the prenuptial agreement? Beware of immoral clauses A prenuptial agreement is a powerful instrument. It allows couples to deviate from the law and set their own rules. However, this freedom is not limitless. Anyone who exaggerates and massively disadvantages the partner risks that the entire contract will be declared null and void in court. The legal technical term for this is immorality (§ 138 BGB). But when exactly does this protective mechanism take effect? And what mistakes must you absolutely avoid so that your contract remains “watertight”?

Who is a prenuptial agreement worthwhile for? 5 cases in which it is indispensable

Who is a prenuptial agreement worthwhile for? More than just protection The proposal has been made, the date is set – everything is thought of: location, guest list, catering. But one topic is often pushed aside with embarrassment: the prenuptial agreement. It is considered unromantic, a sign of mistrust or even preparation for divorce. But this view is dangerous. A prenuptial agreement is not a “divorce plan”, but a proof of love. It regulates fair conditions for an emergency so that a dispute does not escalate. But when is a prenuptial agreement really useful? The statutory model of the community of accrued gains fits many couples well – but by no means all. Here you can find out for whom the trip to the notary is particularly important.