Prenup & Marriage Contract Navigator
Prenup: Germany + Germany
Case complexity: low. The contract touches a single legal system — Germany.
Which contract, and where to sign it
Germany: A notarial deed with both parties present simultaneously; before or at any point during the marriage.
Choice of applicable law
In the EU, fix the choice of law inside the contract (Regulation 2016/1103): the law of either spouse’s citizenship or habitual residence. Without a choice, the regime follows the first common residence — and migrates with you unpredictably.
Germany: under Rome III you can also pre-select the law applicable to the divorce itself — it belongs in the same package.
What you can fix in it
Germany: The regime, the Versorgungsausgleich (waivable, but the court checks the trade-off) and maintenance — all under Inhaltskontrolle: a tilt against the child-raising spouse will not stand.
What gives the contract its force
Full asset disclosure annexed to the contract — the main anchor against future challenge.
Independent counsel for each side; one adviser for both is the classic line of attack.
What to read next
Deep dive: cross-border prenups
Divorce navigator: what happens without a contract
Property division in a cross-border divorce
← Build your own case in the interactive navigator
This is a first-pass orientation, not legal advice. The rules are simplified; the contract itself is drafted by a lawyer for your couple.
Contact information
If you have questions or need a consultation, our experts will be glad to help.