Ehevertragliche Control

The law firm Dittenheber & Werner inform a variety of harmonizing regulations regulates the circumstances of marital cohabitation. Areas in which these can be adapted by a marriage contract the interests of spouses, explained the Munich law firm Dittenheber & Werner. Notarized shareholders marriage contract, many of the provisions of the family law are essential. Of particular influence on the financial consequences of divorce are here the matrimonial property regime, the subsequent marital pension rights adjustment and the maintenance of the spouses. No other ehevertraglichen provisions be taken gain community is the matrimonial property of the married couple (1363, para 1 BGB). By marriage contract, the added value community can be taken over or replaced by the separation of property ( 1414 BGB), as well as the community of property ( 1415 BGB).

Most marriage contracts put the separation on the so-called modified gains community, where, for example, the subsequent marital equalisation is excluded or certain assets Matrimonial property regime be withdrawn. The pension rights adjustment represents a further control focus of marriage contracts. They are divided in the course of the marriage partners acquired entitlements to pension benefits according to valid law in consequence of divorce by compensatory. A marriage contract may exclude this balance in full or in part, but also in advance include a detailed asset allocation. It comes to divorce, resulting from the 1570 et seq.

BGB maintenance claims, depending on the circumstances during the marriage. For married couples, who lived in exceptionally prosperous circumstances, this means a financial burden of enormous scope. Ehevertragliche regulations allow a departure from regular maintenance provisions, which meets the legitimate interests of wealthy spouses. However, such regulatory powers in this case apply only to the time after the marriage. Maintenance may not be restricted during the marriage. This shall also apply for the exclusion or the limitation of the maintenance payments to children. The Court German jurisdiction limits the freedom of ehevertraglichen control. A marriage contract in the post-divorce adjustment leads to a significant disadvantage of a spouse, this can cause the nullity of the contract because of immorality. In addition, its enforceability with appeal in good faith can be prevented. Considering the financial implications of marriage contracts on the life of the spouse, a legal advice should be taken before conclusion of the contract, which ensures that the contract leads to a fair, legal interests. As experienced family law specialists, the lawyers of the Munich firm of Dittenheber & Werner are anytime for the design of marriage contracts available. Press contact Dittenheber & Werner lawyers law firm contact person: Gunther Werner Pettenkoferstrasse 44 80336 Munich Tel.: 0 89 – 54 34 48 30 fax: 0 89 – 54 34 48 33 E: mail: Homepage: