In a prenuptial agreement, many important points such as gain compensation, pension rights adjustment, or post-marital maintenance can be proactively clarified. This prevents disputes in the event of a divorce.
The prenuptial agreement is often a sensitive topic in many relationships, and many happy couples see it as a clear sign of distrust. However, this does not do justice to the prenuptial agreement. Rather, many important aspects that could lead to legal disputes in the event of a divorce can be clarified in good faith with the prenuptial agreement. This includes gain compensation, pension rights adjustment, and post-marital maintenance. These issues can be resolved in a harmonious atmosphere with the prenuptial agreement. Moreover, the prenuptial agreement is also an important building block for asset protection, explains the law firm MTR Rechtsanwälte.
A married couple living without a prenuptial agreement automatically falls under the legal regime of community of accrued gains. This means that in the event of a divorce, the increase in assets acquired during the marriage is balanced. If one spouse has achieved a higher increase than the other during the marriage, the partner is usually entitled to half of the accrued gain. However, the gain compensation is not carried out automatically; it must be claimed.
When both spouses have worked, such a regulation is often outdated. Especially for self-employed individuals and entrepreneurs, gain compensation can have concerning consequences for the business. To prevent this, other arrangements can be made in the prenuptial agreement that accommodate the interests of both partners.
Another important point is the pension rights adjustment. This concerns the entitlements to old-age pensions acquired during the marriage. This is particularly important when one partner has stayed at home for many years or only worked part-time to care for the children, while the other worked full-time and thus acquired significantly higher pension rights. In the pension rights adjustment, the acquired entitlements are divided in half. However, individual arrangements can also be made in the prenuptial agreement.
Besides a prenuptial agreement, there is also the possibility to regulate key legal consequences of a divorce in a divorce settlement agreement.
Experienced attorneys advise on family law regarding prenuptial agreements and divorce.
