Ask a lawyer on the topic of Family law

Contract upon marriage - Exclusion of liability for the business of the spouse

February 14, 2011 | 35,00 EUR | answered by Steffan Schwerin

Current situation:
I work in the company of my partner (we have the same address, live together, but are not married). The company is a sole proprietorship, in which the owner is personally liable with his entire private assets in case of bankruptcy.

We would like to get married. Now to my question: While we are married, would I also be liable with my entire assets in case of bankruptcy? Is it advisable to consult a notary beforehand and have a contract drawn up that excludes this liability if necessary? What is the current legal situation? Would I have to also be liable with my own private assets without a prenuptial agreement?

Thank you in advance.
Best regards.

Steffan Schwerin

Dear questioner,

I will answer the questions you have asked, taking into account the circumstances described and your input, as follows:

- While we are married, do I also have to be liable with my entire assets in case of insolvency?

For debts - including those of the company - incurred during the marriage, you would also be liable.

- Is it advisable to consult a notary beforehand and have a contract drawn up that excludes this liability?

You should draw up a prenuptial agreement or a partial agreement concerning the company and exclude this liability. This would be highly advisable for you.

- What is the current legal precedent? Would I also be liable with my own personal assets without a prenuptial agreement?

Yes, see question 1.

Finally, I would like to point out that this platform cannot replace a detailed and personal legal advice. The aim is solely to provide an initial rough assessment of your legal problem based on the information you have provided to a lawyer. The legal advice I give is based solely on the information you have provided. By adding or omitting relevant information in your description of the circumstances, a completely different legal assessment may result.

I hope I have been able to give you an initial overview and that my explanations will help you. You are welcome to contact me through the follow-up option on this platform.

Furthermore, I am of course also available for engagement as your legal representative. I would credit the initial consultation fee in full.

A greater distance between lawyer and client is generally not a problem. With the help of modern communication means such as email, post, fax, and telephone, handling the mandate is also possible.

Best regards,

Steffan Schwerin
Attorney at Law

Law Office Steffan Schwerin
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Email: raschwerin@raschwerin.de
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