1st marriage - The marriage contract

What do we need to consider when we get married? What rights and obligations do we have as spouses? How does the statutory matrimonial property regime of community of accrued gains work? Do we want to conclude a marriage contract? Does another matrimonial property regime, such as separation of property or modified community of accrued gains, make sense for us?

These and other questions are asked by couples who are planning to get married or are already married. But couples of different nationalities also often need to regulate their marital status.

2. the matrimonial property regime, international relations and the European Regulation on matrimonial property regimes

For marriages entered into since 29.01.2019, the provisions of the European Regulation on Matrimonial Property Regimes apply. If the spouses have not made a choice of law (by means of a valid marriage contract), the matrimonial property regime is governed by the law of the state in which the spouses have their first common habitual residence after the marriage. If there is no such choice, the law of their common nationality at the time of the marriage shall apply; otherwise, the law of the country with which the spouses are most closely connected at the time of the marriage, taking into account all the circumstances.

For marriages entered into before 29.01.2019, future choices of law will be governed by the Marriage Regulation. However, the previous regulations on private international law apply to determine the applicable law.

The notary will discuss these issues with you and draw up a tailor-made marriage contract for you. The marriage contract can also be combined with an inheritance contract.

3. other family law matters

a) Benefits between spouses

Transfers of assets from one spouse to the other during the marriage can play a role, e.g. in order to balance out any gains, which can be achieved, for example, by means of the so-called "matrimonial property regime swing".

b) Separation and divorce settlement agreement

If a marriage ends in divorce, a notarized separation and divorce settlement agreement can be concluded. In this agreement, the spouses agree, for example, on maintenance, make a proposal for custody, regulate the distribution of the household and determine any equalization of gains.

c) Adoption

In the area of adoption (both the adoption of minors and the adoption of adults), a notarized adoption application is required, which must be submitted to the competent family court. The notary will advise you on this and also on the implications of an adoption under inheritance law.