In short
Notary fees are set by statute and are the same at every notary; they depend only on the combined assets of both of you. Debts reduce this value by no more than half, which pushes every rough estimate upward.
On this page · 6 sections
Two items: the notary and the lawyer
A marital agreement costs money in two clearly separate parts. One is fixed by statute, the other depends on the work involved.
The notary has to record the agreement: without a notary, a marital agreement is void § 1410 BGB. This fee is not negotiable: it is set out in the Court and Notary Fees Act (GNotKG) and is the same for every notary in Germany. Shopping around gets you nothing here.
The lawyer advises you and drafts the agreement so that it fits your marriage and holds up when a court reviews its content. This fee is separate from the notary’s and depends on the scope and difficulty of the work.
How the notary calculates
Notary fees follow a simple logic: transaction value × fee rate.
For a marital agreement, the transaction value is the combined assets of both spouses § 100 GNotKG. What counts is neither income nor a notional amount in dispute, but the assets that are actually at stake.
One point is regularly overlooked and skews every rough estimate: debts reduce the transaction value by no more than half of each spouse’s assets. A couple with a property worth €800,000 and €600,000 left on the mortgage therefore does not end up with a transaction value of €200,000, but of €400,000 instead. With heavily financed property in particular, notary fees come out noticeably higher than a simple “assets minus debts” calculation would suggest.
On this value, a 2.0 fee is charged GNotKG KV 21100, twice the rate of the basic fee table Annex 2. On top of that come 19% VAT and small expenses (postage, copies).
An example calculation
These figures are illustrative and rounded according to the current GNotKG table; the actual fee depends on your specific transaction value. VAT and expenses are not included.
| Transaction value (§ 100 GNotKG) | 2.0 fee (net) |
|---|---|
| €50,000 | €330 |
| €100,000 | €546 |
| €500,000 | €1,870 |
As you can see, the fee rises with the assets, but much more slowly than the assets themselves. Even with a transaction value of half a million euros, the notary stays in the low four figures.
Marital agreement form
Gather the details for your agreement now
Personal details, what applies so far and what you want to settle. We review it before the meeting.
- About half an hour, pause at any time
- Stays on this device until you send it
- Where you are unsure, we advise you in the meeting
The scope sets the price, not the notary
Because the fee depends on the transaction value, only the scope of what you settle decides the cost. It makes no difference whether you choose Gütertrennung (separation of property) or a modified community of accrued gains: with the same assets, the notarization costs the same.
Say you settle several matters in one agreement, for instance the property regime and the Versorgungsausgleich (pension rights adjustment). Then the transaction value goes up, and the fee with it. That is almost always cheaper than fighting over the same questions later in divorce proceedings.
What our advice costs
Our fee for advice and drafting depends on the work your case involves: a simple Gütertrennung (separation of property) is a different matter from a modified property regime involving a business and an international element. We tell you the costs openly in the first consultation, before you commit to anything.
What belongs in the agreement
What you settle drives the cost, so it pays to look at the content before asking about price. Our page on the marital agreement sets out its three levers and where the freedom to shape it ends. Is your main concern protecting a business or larger assets? Then excluding or modifying the equalization of accrued gains by marital agreement covers the decisive question: Gütertrennung (separation of property) or a modified regime.
If you have already separated, a divorce settlement agreement takes the place of the marital agreement: the same questions, only asked later.
Would you like to know what a marital agreement would cost in your situation? Give us the key facts in a confidential first consultation: we will estimate the notary’s fee and our fee for you, with no obligation.
This post describes the rule, not your case. What applies to you depends on circumstances that no text can cover. For an assessment we need your documents and a conversation.
What would it cost in your case?
60 minutes, at our office or by Zoom. You describe your situation, and we tell you what lies ahead. You are under no obligation to hire us afterwards.
Under § 34 RVG (German Lawyers’ Fees Act), the first consultation costs at most €226.10 including VAT. If we take on your case, this fee does not apply. How the fees are calculated
- Notary fee
- Transaction value
She handles uncontested and contested divorces as well as maintenance proceedings, and alongside the divorce she also settles parental responsibility and contact, always with an eye on what it means for your family’s everyday life. View profile