Ask a lawyer on the topic of Divorce law

Prenuptial agreement

August 26, 2009 | 25,00 EUR | answered by Michael Vogt

Hello Mr. Attorney.

My wife and I signed a notarized marriage contract 22 years ago. We were told that this contract is only valid during the marriage. Is it true that the contract would immediately become invalid upon filing for divorce?

Michael Vogt

Dear inquirer,

I am happy to answer your question considering the circumstances you have described as follows:

The statement that was made to you is incorrect.

In a marriage contract, legal consequences are precisely regulated, some of which only come into effect with the finalization of the divorce, such as the exclusion of pension equalization or agreements on equalization of gains.

These regulations for the time of the divorce would not make sense if they were to become invalid immediately upon filing for divorce.

I hope that my answer has provided you with an overview of the legal situation and I wish you a pleasant afternoon.

Sincerely,

Attorney Michael Vogt