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Prenuptial Agreement with a Notary in Berlin: Protecting Your Family

A prenuptial agreement drawn up by a notary in Berlin creates the foundation for legal clarity in your partnership. Whether it concerns the division of assets, maintenance, or inheritance provisions – together with our notary and team of lawyers in Berlin, you can plan your future with confidence and in a way that suits your individual circumstances. We are here to support you on all questions relating to family law.
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Legal Clarity for Your Marriage – Your Prenuptial Agreement with a Notary in Berlin

Marriage is a significant step that brings with it not only love and partnership but also responsibility and legal implications. A well-considered prenuptial agreement can help you establish clarity and security in your relationship. We are your point of contact for drafting an individually tailored prenuptial agreement that is designed around your personal needs.
Das Wort „franke“ ist in einer stilisierten Kursivschrift mit schattiertem Hintergrund geschrieben und erinnert an die professionelle Eleganz eines Ehevertragsdokuments eines Notars in Berlin.

What Is a Prenuptial Agreement?

A prenuptial agreement (Ehevertrag) is a notarially certified document that sets out binding legal and financial arrangements between spouses. The requirement for notarial certification arises from Section 1410 of the German Civil Code (BGB) — without it, the agreement has no legal effect. While it is often concluded before the marriage, it can also be entered into during the marriage. Common contents of a prenuptial agreement include: Division of assets The agreement determines how the spouses’ assets will be divided in the event of a divorce. This can cover both joint and individual assets. Maintenance arrangements The prenuptial agreement may contain provisions on child maintenance and spousal maintenance in the event of a separation or divorce, including the amount and duration of payments. Matrimonial property regime (Zugewinngemeinschaft) In Germany, married couples are subject by default to the statutory regime of community of accrued gains (Zugewinngemeinschaft), which means that assets acquired during the marriage are divided equally upon divorce. A prenuptial agreement can modify or exclude this regime. Inheritance provisions The agreement may also include provisions on the succession of assets, particularly where the estate of one or both partners is concerned. Debt arrangements Agreements can be made on how debts incurred during the marriage will be handled.

Why Enter into a Prenuptial Agreement?

A prenuptial agreement creates the foundation for a legally secure and fair partnership. It is particularly advisable in the following situations:

Protecting your assets A prenuptial agreement allows you to set out clear rules for your assets and financial affairs. This helps you avoid unpleasant surprises in the event of a separation or divorce.
Individual arrangements Every life path is unique. A prenuptial agreement lets you make specific provisions tailored to your personal circumstances — whether regarding accrued gains, maintenance, or the division of assets.
Legal clarity A legally sound agreement gives you the certainty that your wishes will be respected if the need arises. Our experienced notaries ensure that all legal aspects are properly addressed.
Strengthening trust Open conversations about financial and legal matters strengthen the trust in your relationship and encourage honest communication.

Our notary and lawyers in Berlin support you in drafting an individual prenuptial agreement that meets your needs.

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Prenuptial Agreement – Properly Drafted by Your Family Law Notary in Berlin

Prenuptial agreements make it possible to address the individual needs and wishes of both spouses in a legally binding manner, creating legal clarity in the process. For the agreement to be effective, it is essential that both partners sign voluntarily and with full awareness of their rights and obligations. To ensure compliance with all statutory requirements and to avoid potential problems, the prenuptial agreement should always be drafted and certified by a notary. This gives you an agreement that is tailored to your life circumstances, meets all legal requirements, and guarantees legal certainty.

When Is a Prenuptial Agreement Necessary?

A prenuptial agreement is particularly advisable in the following cases: Entrepreneurial marriages: Protection of business interests and assets. Property ownership: Arrangements regarding ownership rights and asset division. Unequal financial situations: Clarification of the equalisation of accrued gains (Zugewinnausgleich). Blended families: Securing the inheritance rights of children from previous relationships. Are you also interested in estate planning alongside your prenuptial agreement? Find out more about legally secure will drafting with a notary in Berlin here.

What Happens If We Don't Have a Prenuptial Agreement?

The absence of a prenuptial agreement can lead to uncertainties regarding the distribution of property or pension equalisation (Versorgungsausgleich) in the event of a dispute. Without a prenuptial agreement, the statutory provisions of the respective country apply. In Germany, the modified community of accrued gains (Zugewinngemeinschaft) takes effect automatically. This means that in the event of a divorce, assets accumulated jointly during the marriage are divided equally between the spouses. Assets that existed before the marriage, however, generally remain unaffected.

 

In difficult separation situations, mediation during divorce proceedings can also be a useful option alongside contractual arrangements, in order to find amicable solutions outside of court disputes.

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Notary Fees – How Much Does It Cost to Have a Prenuptial Agreement Notarised?

The costs of a prenuptial agreement are based on the transaction value (Geschäftswert), which is determined by the combined assets of both spouses. The transaction value directly affects the level of the fees. The process involves: Consultation: Discussion of your individual requirements and wishes. Drafting: Preparation of the agreement by our notary. Certification: Legally valid signing and review. A prenuptial agreement drawn up in good time can also take into account the tax implications of a separation and divorce — particularly with regard to asset transfers or real estate. In certain cases, a gift (Schenkung) with notarial safeguards may also be advisable in order to transfer assets at an early stage and optimise the tax position. Contact us for a no-obligation cost estimate.

What Does a Prenuptial Agreement Include?

Particularly where substantial assets are involved or where there are children from previous relationships, it makes sense to combine a prenuptial agreement with individually arranged inheritance law provisions. Division of assets: Determining how joint and individual assets will be divided in the event of a separation or divorce. Matrimonial property regime: Arrangements concerning the community of accrued gains, separation of property (Gütertrennung), or a modified community of accrued gains. Maintenance agreements: Setting out maintenance obligations in the event of a separation, including the duration and amount of payments. Pension equalisation (Versorgungsausgleich): Clarifying how pension entitlements will be divided. Inheritance provisions: Provisions for the succession of assets, particularly where real estate or other valuable assets form part of the estate. Debt arrangements: Agreements on liability for debts incurred during the marriage. The agreement gives both spouses the opportunity to establish clear rules and protect their interests with legal certainty — for example, in relation to property in the event of a divorce. If the order of succession is already regulated in the prenuptial agreement or a will, this may have an impact on whether a probate certificate is required. Our firm in Berlin ensures that the agreement complies with all statutory requirements and addresses all relevant points.

Prenuptial Agreement? Only with a Notary! Your Consultation for Legal Security and Trust

Why a prenuptial agreement makes sense:

A prenuptial agreement creates legal clarity, protects assets, and strengthens trust between partners. Individual provisions on maintenance, assets, and other aspects help avoid conflicts – especially in complex life situations such as blended families or entrepreneurial marriages – and enable forward-looking, fair planning for the future.

In addition to family and inheritance law, we provide comprehensive advice in further areas of law:

Real estate law
Corporate law
Online notary
Civil litigation
Criminal law

Our notary in Berlin offers you comprehensive notarial services for the legal drafting of your prenuptial agreement – individually tailored, legally binding, and extending beyond family law.

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Frequently Asked Questions About Prenuptial Agreements

No – a prenuptial agreement cannot be concluded without a notary, as the law mandates notarial certification. This requirement exists to ensure that both partners are fully informed about the legal consequences of the agreement and to guarantee legal certainty. Without notarial certification, the agreement has no legal effect. This also applies to provisions such as separation of property (Gütertrennung), equalisation of accrued gains (Zugewinnausgleich), or divorce settlement agreements (Scheidungsfolgenvereinbarung) that may be included in the prenuptial agreement. At Notary Franke in Berlin, we support you in creating an individually tailored and legally sound prenuptial agreement in accordance with the applicable legal provisions.
To draft a prenuptial agreement, both partners should have the following personal and financial documents ready in order to provide a clear basis for the agreement: Valid ID cards or passports Evidence of existing assets, such as real estate, bank balances, and business interests Information on debts or existing financial obligations Details of children from previous relationships, if relevant provisions are to be made Thorough documentation helps the notary to find a tailored and legally secure solution for the agreement, whether in relation to the equalisation of accrued gains or the separation of property.
A prenuptial agreement can be drafted and certified by a notary — and many notaries also practise as lawyers within their firm. A specialist lawyer for family law is also a good choice, particularly when the agreement involves complex matters such as separation of property, pension equalisation, or a divorce settlement agreement. It is advisable to choose an experienced lawyer or notary who is familiar with current case law and the individual needs of both partners. Notary Franke is your family law lawyer in Berlin and the surrounding area. We combine legal expertise with the authority to certify, creating an agreement that is legally sound and individually tailored to your situation.
A notary is legally obliged to keep the original of a prenuptial agreement permanently on file. This ensures that the agreement is accessible at all times and remains legally valid even after many years. The parties to the agreement receive copies, while the original is securely archived. Notary Franke in Berlin ensures that your agreement is professionally stored, so that important provisions – such as separation of property, equalisation of accrued gains, or divorce settlement arrangements – are protected for the long term.
A prenuptial agreement may be perceived as unromantic, can place strain on trust, involves costs, and may lead to one-sided provisions if not updated over time. However, these concerns can be effectively addressed through open communication, legal advice, and regular reviews. When properly drafted, a prenuptial agreement offers both partners security, clarity, and the opportunity to find individually tailored solutions that stand the test of time.