Death German law is so black and white in divorce cases as well as in death, that it is no matter a rooster a hoot what you write in each pre-marriage or will. If it violates the grain of the law, it will be ignored. Marital agreements cannot be conceived with the intention of deliberately placing the weaker economic partner in a much less favourable position. This is expressed, for example, if the .B marriage agreement waives the obligation for the spouse to pay child support if that partner is unable to refuse such assistance. Another area in which a matrimonial agreement may be called into question is that the income of one partner has increased over the course of the marriage relative to the other`s income because he cares for the children at home. The court can intervene in these cases. In addition, the marriage agreement does not allow one of the partners to evade payment of family allowances. In essence, the court may intervene when a marriage agreement may be considered unfair or unilateral. It is therefore essential to seek the assistance of a lawyer to ensure that any marriage agreement you wish to establish is legally valid.
As far as marriage contracts are concerned, it is possible to make adjustments and modifications. If life situations change, accepted requirements can also be accepted as part of a contract. Changes may be considered if the personal situation within a marriage has changed. B with respect to the spouse`s salary or working situation. However, the adaptation stage should not be followed unilaterally. Instead, the changes should only be considered if both partners are on the same wavelength. Opening a marital agreement of modifications and adaptations can be a laborious task. The use of the services of a notary and mutual legal assistance will once again ensure that everything related to the amendments is legally valid and in line with the objectives of the partners.
The Bundesgerichtshof decided that notarized marriage contracts, which seriously disadvantage a party in a marriage, can be declared invalid. The judges found that, although a contract stipulates in principle that one of the partners has waived his right to support, if the agreement is unilateral, it would be morally unacceptable and could therefore be challenged. The court also ruled that a spouse is free to challenge the contract in cases of imbalances where his partner`s income increased dramatically during the marriage, for example because he was at home for the children. Pre-marital agreement (A.K.A. prenup, prenupt, antenuptial or premarital agreement) In general, a marital contract gives couples control over what may happen. This is not the most pleasant subject to ponder, especially when a wedding goes well, but it must be considered an assurance. The creation of a fair marriage contract will help reduce the risk of bitter and chaotic divorce proceedings. By using a legal expert with knowledge in this area, with careful balancing and open communication, spouses should be able to formulate a mutually acceptable contract. Hi I`m an Asian girl and go to get married soon and would like to know, is it good if I sign prenuptial agreement before marriage? my bf told me he would like to do it, but I don`t know what it is. It is important to set up a Council, because there are more obstacles, if the parties choose to do so without leaving, and the likelihood of the agreement being implemented decreases considerably.