A marital agreement in English: possible with a German notary?

Can a marital agreement be notarized in English?

Yes. Deeds are generally drawn up in German, but on request the notary may also draw them up in another language, such as English § 5 BeurkG. The notary should only do so if they have a sufficient command of that language.

In practice, there are three options: a deed in English, a bilingual deed with both versions side by side, or a German deed that is translated at the appointment. For international couples, the bilingual version is often the best choice. You both read the same text, and the German column carries the legal terms.

What applies if one of you does not speak German?

If one of you does not speak German, the deed is translated. When a party lacks a sufficient command of the language of the deed, the notary notes this in the notarial record. The deed is then translated for that party instead of being read aloud § 16 (1) and (2) BeurkG. On request, a written translation is also provided for review, and the notary must point out this right.

Where the notary does not translate personally, an interpreter is brought in. An interpreter who is not publicly sworn is sworn in by the notary, unless all parties waive this § 16 (3) BeurkG. Your partner cannot act as interpreter, and neither can the parents or children of either side. The same grounds for exclusion apply to the interpreter as to the notary, and a breach makes the notarization invalid § 16 (3) sentence 2 and § 6 (1) BeurkG.

Don’t leave the translation until the appointment. Ask for the draft in your language beforehand, so that your questions are settled before you sit down in front of the final text.

Why the language also decides whether the agreement is valid

A marital agreement only holds up in court if both of you knew what you were agreeing to. A party who barely understands the language of the agreement and received no written translation may be considered the weaker party when a court later reviews its content. How that review works is explained in When is a marital agreement invalid?

If the notarial record states that one side does not speak the language and the deed is still not translated, that weighs as heavily as failing to read it aloud. As a rule, the notarization is then invalid BGH, decision of March 20, 2019, XII ZB 310/18. The translation therefore protects both sides: one from signing something they did not understand, the other from seeing the agreement fail years later.

English terms do not mean the same thing

If you read “prenup,” “separate property” or “alimony,” you think of rules from Anglo-American law. A marital agreement under German law, however, governs German legal institutions, and an English word that roughly fits can mean something else in a dispute. That is why it has proven useful to keep the German term in parentheses in the English text.

Here is how we render the key terms in English:

German term	English rendering	What it means
Zugewinngemeinschaft	community of accrued gains	The statutory property regime: each spouse keeps their own assets, and on divorce the increase is equalized.
Zugewinnausgleich	equalization of accrued gains	The spouse whose assets grew more pays half the difference.
Gütertrennung	separation of property	No equalization takes place.
Modifizierte Zugewinngemeinschaft	modified community of accrued gains	The equalization remains, but individual assets are excluded.
Versorgungsausgleich	pension rights adjustment	The pension rights earned during the marriage are divided.
Nachehelicher Unterhalt	post-marital maintenance	Maintenance after the divorce.

The table is a reading aid, not a binding translation. What the individual building blocks do is covered in What goes into a marital agreement?

Which version applies if the two differ?

The agreement itself decides which version applies. A bilingual deed should state expressly which language version is authoritative in case of doubt. If German law applies, there is much to be said for the German version, because its terms carry the legal consequences. Without such a clause, every discrepancy leaves open which text governs.

If the agreement is also meant to apply abroad

An English version makes the agreement easier to read abroad, but it does not automatically make it effective there. Whether a court in another country recognizes it depends on that country’s law. We do not assess this ourselves; it takes colleagues who are admitted to practice there.

For use abroad, the deed may need an apostille, and some authorities also require a certified translation. Which law is to govern the property regime, the divorce and maintenance can be set out in the same agreement. More on this in Choice of law in a marital agreement for binational couples.

What the English version costs

If the notary notarizes in English or translates personally, they charge an additional fee of 30% of the notarization fee, at most €5,000 GNotKG KV 26001. When an interpreter is brought in instead, this additional fee is not charged, and the interpreter bills for their work separately. How the notary fee itself is calculated is explained in What does a marital agreement cost?

The first consultation with us costs up to €190 plus VAT, at most €226.10 in total. If we take on your case, this fee does not apply. How further fees are calculated is set out under Costs. Our page on the marital agreement describes the overall framework.