Marital agreement
For many couples, talking about a Ehevertrag (marital agreement) feels like planning for failure. Without one, the law decides across the board and the same way for every marriage, and for some lives that standard fits badly.
On this page · 7 sections
What can be settled
The three levers
A marital agreement intervenes at three points: the matrimonial property regime, the Versorgungsausgleich (pension rights adjustment) and post-marital maintenance. It can be concluded before the marriage, at its beginning or in the middle of it (§ 1408 BGB).
With the property regime it is rarely a question of whether to depart from the standard, but how far. Gütertrennung (Separation of property) switches the Zugewinnausgleich (equalization of accrued gains) off entirely. The modified regime leaves the equalization standing in principle and takes specific values out of it, a business, a practice or an inheritance, or caps the equalization claim at a given amount (§§ 1408, 1414 BGB).
The Versorgungsausgleich (pension rights adjustment) can be adapted or excluded, but only within limits. The Familiengericht (family court) examines such clauses and can set them aside where they leave one side unprotected in old age (§ 8 VersAusglG). With post-marital maintenance the amount can be settled or capped; maintenance for the care of children you have together stays largely beyond reach, because it serves the child.
Only before a notary, and both at once
A marital agreement has to be notarized, and both spouses have to be present at the same time. Otherwise it has no effect (§ 1410 BGB).
The standard
Departing from the statutory property regime
Without an agreement you live in the Zugewinngemeinschaft (community of accrued gains), the community of Zugewinnausgleich (accrued gains). It is not a constraint but the starting point from which a marital agreement may depart, wholly or selectively. Three routes are open.
- Community of accrued gains, the statutory standard without an agreement. Each side keeps its own assets, and only the gain achieved during the marriage is equalized. Joint ownership does not arise by itself.
- Separation of property, by agreement. Switches the equalization of accrued gains off entirely, which is clear but often blunt. It hits the economically weaker side hard and brings disadvantages in inheritance and tax law with it.
- Modified community of accrued gains, by agreement. The equalization stays in place in principle and only takes individual values out, the business for instance, or caps the claim. Usually the most balanced solution.
The occasions
When a marital agreement is worth having
Not every marriage needs one. There are constellations, though, in which the statutory standard fits badly and a clear arrangement protects both sides.
- One side runs a company, a practice or holds shares in a partnership
- Larger assets or an inheritance are to stay protected
- The classic single-earner marriage, where one side looks after the children
- Binational marriages with ties to more than one legal system
- A second marriage, a blended family, children from an earlier relationship
- A marked gap in income or assets
Whether it holds
Why some agreements do not hold up
German courts do not wave marital agreements through. They examine on two levels: validity at the time the contract was concluded (§ 138 BGB), and the way it is invoked when the marriage fails (§ 242 BGB).
An agreement does not wobble merely because it favors one side. It becomes critical where objective one-sidedness and an inferior bargaining position come together. The classic case is the agreement put on the table a few days before the wedding.
What makes a marital agreement robust, conversely, is advice on both sides, enough time before the appointment, and a recognizable compensation for the side that gives ground. For the entrepreneur’s marriage the Federal Court of Justice confirmed in 2025 that excluding the Zugewinnausgleich (equalization of accrued gains) is not in itself contrary to public policy (XII ZB 395/24). What remains decisive is whether one side was in an inferior position when the contract was concluded.
An agreement belongs months before the wedding
Not in the week before it. It is exactly that time which makes it robust later, because it defeats the objection that it came about under pressure. For the same reason an agreement made in the middle of the marriage is often the more durable one.
The cost
What a marital agreement costs
The notary’s costs are laid down by law and follow the value of the assets the agreement covers (GNotKG). They are not open to negotiation. On top of that comes the fee for advice and drafting. We settle your actual fee in the first consultation.
Because circumstances change, a second look at the agreement pays off after any larger turning point: the birth of a child, taking over a business, a move abroad.
Legal position as of July 2026. The provisions are in the BGB, in the Versorgungsausgleichsgesetz and in the GNotKG.
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
Further reading
What a marital agreement settles in detail
- Marital agreement · About 6 minutesCan a marital agreement be made without a notary?Without notarization in the simultaneous presence of both spouses, a marital agreement is void. Here is what still works without a notary.
- Marital agreement · About 6 minutesChanging or canceling a marital agreementA marital agreement can be changed or canceled at any time during the marriage, but only in the same notarial form and only by mutual consent.
- Marital agreement · About 7 minutesChoice of law in a marital agreement for binational couplesProperty regime, divorce and maintenance each follow their own conflict rules. A marital agreement can settle all three, each within its own limits.
- Marital agreement · About 6 minutesSettling post-marital maintenance in a marital agreementPost-marital maintenance can be capped, time-limited or excluded, and how far that holds depends on the protected core and on shared children.
- Marital agreement · About 7 minutesWhat goes into a marital agreement?A marital agreement is made of six building blocks, from the preamble to the closing provisions. And there are three points that do not belong in it.
Related topics
Often connected with this
- Assets and accrued gainsWhat is equalized is the gain, not the wealth itself.
- Divorce for business ownersWhen a business, a shareholding or a bonus is part of the equalization.
- International family lawWhich court has jurisdiction and which law applies.
- Pension rights adjustmentPension rights built up during the marriage are split.
The first step
An appointment is not a decision
A marital agreement touches two very different fields, and here they are split between two people. The property regime, business assets and property are handled by Dietrich Karcher; he judges a clause by whether it will still add up in ten years’ time. For the Versorgungsausgleich (pension rights adjustment), maintenance and everything concerning children, Mieke Karcher is responsible.
We examine existing agreements for how robust they are, including ones concluded abroad. The notarization is carried out by a notary; we prepare it and go with you. You are under no obligation to hire us after the first consultation.
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