Prenuptial agreement

You have probably heard that the Federal Constitutional Court has considerably tightened the requirements on the effectiveness of matrimonial agreements.

Is the agreement of excluding the post-marital alimony, the pension rights adjustment, or the property acquired after marriage no longer possible now?

Of course!

The exclusion of post-marital maintenance, property acquired after marriage, and pension rights adjustment are still largely possible, as long as the children's rights are not compromised (e.g. no exclusion in case of child care) and no "position of power is abused". The position of power may be based on a large economic imbalance or other factors (cf. aliens law).

But: Abandoning the right of spousal support (maintenance until divorce) and child support is not possible.

There are two main reasons for utilizing a matrimonial agreement:

• In case of (intended) marriage, especially in an international context, to mitigate the risks of an economic imbalance (e.g. prenuptual agreement).
• In case of a separation or divorce to avoid a lawsuit (e.g. similar to a postnuptual agreement).

What can be stipulated?

• Exclusion of property acquired after marriage, usually separation of goods
• Alimony after divorce; also its amount and duration
• Exclusion or modification/ limitation of the pension rights adjustment (division of pension).
• Consequences of the separation for the children (residence, times of contact and access, further obligations)
• Costs of divorce and matrimonial contract