Vermögen: Wann sich ein Ehevertrag lohnt – und was er kostet

In many cases, a marriage contract is automatically formed when a couple gets married, but it lacks individual agreements that suit their personal circumstances. In such situations, a marriage contract can be beneficial. The costs vary widely depending on the specific case. According to the Handelsblatt, lawyers and notaries explain which rules apply without a marriage contract, how the fees are structured, and how to save money.

Without a marriage contract, couples are considered to be in a joint community of property. Upon divorce, they divide the assets earned during the marriage through the alimony settlement. However, gifts and inheritances remain separate. If one partner owns a successful business, the gain at the end of the marriage can be substantial.

Even the value of real estate acquired before the marriage increases during the marriage. The appreciation in value of an object bought before the marriage is also included in the joint property. Additionally, pension rights are divided between the partners at the age of retirement, known as the retirement share. This is referred to as the survivor's pension.

Furthermore, there might be a claim for post-marriage maintenance. How is the joint property calculated? Suppose the husband contributed nothing to the marriage and generated no income in between. In that case, the wife's assets, which have increased from 100,000 to 300,000 euros, would have to pay half of the amount gained during the marriage – in this example, 100,000 euros.

The partners should document their assets on the day of marriage. "If the initial assets are not documented, the court will consider zero euros for the joint property calculation," explains Eva Becker, a family law specialist from Berlin. Failing to do so would result in a higher net worth being shared with the future ex-partner.

What does the marriage contract regulate? Typically, a marriage contract is a modified joint community. "In principle, anything can be regulated in such a contract, as long as one partner is not completely favored," says Becker. Otherwise, a court could declare the contract immoral. For example, one partner might be exempt from sharing pension rights without receiving financial compensation.

Common provisions of a marriage contract include exempting society shares or properties not jointly acquired from the joint property calculation. Additionally, post-marriage maintenance payments often exceed legal standards. "Such agreements are especially common among couples planning to have children," says Becker. Family lawyer Becker observes an increasing number of well-educated and professionally successful women seeking marriage contracts.

"They can calculate the impact on their career and income if they reduce their professional working hours for childcare," says Becker. "That's why they want to pre-arrange how such reductions will be compensated." This could be through maintenance payments.