Advisor

Why is a prenuptial agreement useful for married couples?

30 July 2025

Scharf Attorneys at Law

A prenuptial agreement sounds unromantic to many, but it is a useful instrument for creating fair conditions and financial security. In Germany, around a third of all marriages end in divorce. A prenuptial agreement enables couples to make clear rules in good times in the event of a separation - to protect both parties.

What is a prenuptial agreement?

A marriage contract is a legally binding contract between spouses that modifies certain legal regulations. Without a marriage contract, the community of accrued gains automatically applies. Instead, the contract makes it possible, for example, to agree on separation of property or to make individual agreements on maintenance, pension equalization or asset distribution.

Important: A marriage contract must be notarized. The notary ensures legal clarity, provides both partners with comprehensive information and prevents one-sided disadvantages.

In which cases does a prenuptial agreement make sense?

Not every couple needs a prenuptial agreement. However, it is particularly recommended in certain constellations:

Entrepreneurs or the self-employed: Without a marriage contract, a divorce can jeopardize the economic existence of the company. A contractual arrangement can protect the value of the company.
Unequal income or assets: If there are significant differences, a contract can help to create fair conditions and avoid disputes.
Inheritances and real estate: Even if inheritances are generally not included in the gain, their increases in value are compensated. This can be regulated individually in the marriage contract.

What can a prenuptial agreement regulate?

A prenuptial agreement can include the following points, among others:

Matrimonial property regimeInstead of community of accrued gains, a modified community of accrued gains or, in rare cases, separation of property can be agreed.
MaintenanceRegulations on post-marital maintenance, e.g. amount, duration or exclusion under certain conditions.
Pension equalization: Adjustment or exclusion of pension equalization, provided this is fair and balanced.
Inheritance law issues: Influence on statutory inheritance quotas, waiver of compulsory portions or protection of own children.

The role of the notary

A notary is required by law for the marriage contract to be valid. The notary checks that the agreements are balanced and ensures that they are notarized.