In a prenuptial agreement, many important points such as equalization of accrued gains, pension rights adjustment, or post-marital maintenance can be preemptively clarified. This avoids disputes in the event of a divorce.
The prenuptial agreement is a sensitive topic in many relationships, and many happy couples see it as a clear sign of mistrust. However, this perception is entirely unjustified. Rather, a prenuptial agreement can amicably resolve many important aspects that could lead to legal disputes in the event of a divorce. This includes, among other things, the equalization of accrued gains, the pension rights adjustment, or post-marital maintenance. These issues can be settled in a harmonious environment with a prenuptial agreement. Additionally, the prenuptial agreement is also an important component of asset protection, explains the corporate law firm MTR Rechtsanwälte.
A married couple automatically lives under the regime of the community of accrued gains without a prenuptial agreement. 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 during the marriage than the other, the partner is generally entitled to half of the accrued gains. However, the equalization of accrued gains is not automatically carried out and must be actively claimed.
When both spouses have worked, such a regulation is often no longer contemporary. Especially for self-employed individuals and entrepreneurs, the equalization of accrued gains can have concerning consequences for the business. To prevent this, alternative regulations that meet the interests of both partners can be agreed upon in the prenuptial agreement.
Another important point is the pension rights adjustment. This involves the entitlements to retirement provision acquired during the marriage. It is particularly important if one partner has stayed at home for many years or worked only part-time to take care of the children, while the other has worked full-time and thus acquired significantly higher pension entitlements. In the pension rights adjustment, the acquired entitlements are divided equally. However, individual arrangements can also be made in the prenuptial agreement.
In addition to a prenuptial agreement, there is also the possibility to regulate essential legal consequences of a divorce in a divorce settlement agreement.
Experienced attorneys provide advice on family law regarding prenuptial agreements and divorce.
