When can a prenuptial agreement be useful?
October 21, 2023 | 40,00 EUR | answered by Marcus Hering
Dear Family Law Attorney,
My name is Sven Otten and I am facing the decision of whether a prenuptial agreement could be beneficial for me and my future wife. We have been together for five years and are planning to get married in the near future. Both of us are working professionals and have purchased a house together that we are financing jointly. Additionally, we have accumulated shared savings over the years.
My concerns lie in the possibility of unclear financial circumstances in the event of a divorce. I want to ensure that both my interests and those of my future wife are protected. Therefore, I am wondering if a prenuptial agreement would be a suitable way to address our financial matters in case of a separation.
Could you please explain to me in more detail when a prenuptial agreement may be beneficial and what aspects should be considered? Are there differences depending on whether one already possesses wealth or not? What legal options does a prenuptial agreement offer to avoid conflicts in case of a divorce and ensure a fair division of assets?
Thank you in advance for your support and expertise.
Best regards,
Sven Otten
Dear Mr. Otten,
Thank you for your inquiry regarding a prenuptial agreement for you and your future wife. A prenuptial agreement can be useful in various situations to clarify financial matters in the event of a divorce and to protect the interests of both parties.
A prenuptial agreement may be advisable, for example, if one partner already has significant assets, whether through inheritances, business interests, or other income. In such a case, the prenuptial agreement can serve to protect these assets in the event of a divorce and ensure a fair division. Similarly, a prenuptial agreement may be helpful if one partner earns significantly more income due to their professional activities than the other partner.
Even if both partners already have assets or have made joint purchases before marriage, a prenuptial agreement can be useful to avoid disputes in the event of a divorce and to establish clear rules. This is especially important if assets are unequally distributed or if one partner would have a claim to a portion of the other partner's assets due to equalization claims.
A prenuptial agreement can cover various aspects, such as the marital property regime (community of gains, separation of property), asset division in the event of a divorce, regulation of maintenance claims and pension equalization, inheritance provisions, and regulations regarding shared liabilities. It is important that a prenuptial agreement is tailored to the specific situation of the spouses and takes into account the interests of both parties.
It is advisable to seek legal advice before entering into a prenuptial agreement to ensure that all relevant aspects are considered and that the agreement will hold up in court in the event of a divorce. An experienced family law attorney can provide comprehensive advice and assist you in drafting the prenuptial agreement.
I hope that this information has been helpful to you. If you have any further questions or would like individual consultation, I am at your disposal.
Sincerely,
Marcus Hering
Family Law Attorney
