A prenuptial agreement before marriage can sound like a sign of mistrust, yet for many couples it is a sober way to settle assets, businesses and property clearly. It replaces the statutory matrimonial property regime if you agree something different. This guide shows in which situations a prenuptial agreement makes sense, what it can regulate and where its limits lie.
Short answer: A prenuptial agreement is mainly worthwhile if one partner runs a business, brings substantial assets or carries a high liability risk. It must be notarised with both partners present at the same time (section 1410 BGB). Notary fees depend on the transaction value under the German Court and Notary Fees Act (GNotKG). Without an agreement, the community of accrued gains applies. Last updated: November 2026.
The most important points at a glance
- A prenuptial agreement changes or supplements the statutory regime, for example through separation of property or a limited balancing of gains.
- It must be notarised, and both partners must be present at the same time.
- Costs depend on the transaction value that the notary determines under the GNotKG. There is no fixed sum.
- It tends to be worthwhile for businesses, unequal assets, property owned by one partner or a second marriage with children from earlier relationships.
- An agreement can settle the matrimonial property regime, but not every question is binding. Maintenance and pension matters are reviewed by a court in a divorce.
What a prenuptial agreement actually regulates
A prenuptial agreement is the instrument with which spouses arrange their financial relationship differently from the statute. The basic case is the community of accrued gains under section 1363 BGB, which applies unless something else is agreed. The contract can exclude this regime, replace it with separation of property or change individual points, for example by excluding certain assets from the balancing of gains.
Typical topics are a business run by one partner, a property one partner brings into the marriage and who bears which debts. Provisions on maintenance and pension rights can also form part of the agreement. In a divorce, however, such arrangements are subject to judicial review, and they can be wholly or partly void if they unfairly disadvantage one partner.
When does a prenuptial agreement pay off?
Whether a prenuptial agreement makes sense depends less on the marriage itself and more on the financial position and life plans of the partners. The table below shows typical constellations in which the question arises. It does not replace a review of the individual case.
| Situation | Without a prenuptial agreement | Possible with an agreement |
|---|---|---|
| One partner runs a business | The gains balancing can cover the business, depending on valuation | The business can be excluded from the balancing |
| Unequal starting assets | Balancing of gains in case of divorce | Separation of property or exclusion of single assets |
| Inheritance or gift to one partner | Treated separately in the balancing of gains | Explicit rule in the agreement |
| Shared house with own equity | Balancing through gains or co-ownership | Agreed share in the house |
| High professional liability risks | The partner’s assets may be affected | Separation of property can offer protection |
A couple with little wealth and no business often does not need a prenuptial agreement. In that case the statutory rule is usually sufficient. If the differences are already significant at the wedding, however, it is worth going through the options with a notary.
What does a prenuptial agreement cost and how does it work?
A prenuptial agreement is certified at a notary appointment. The notary checks the wishes of both partners, drafts the text and explains the consequences. Fees follow the GNotKG and depend on the transaction value, that is the wealth affected by the agreement. For that reason, request a cost estimate before the appointment.
- Draw up an overview of both partners’ assets, including businesses, property, accounts and debts.
- Clarify your goals: should the balancing of gains be excluded, limited or changed only for certain assets?
- Book an appointment with a notary, have the draft checked in advance and have both partners certify it together.
What are the limits of a prenuptial agreement?
A prenuptial agreement is not a blank cheque. It cannot set rules that disadvantage children or breach mandatory statutory provisions. Contracts that burden one partner one-sidedly can be adjusted or set aside by a court in a dispute. Anyone signing an agreement should therefore not rely on an interpretation later, but have its content carefully checked now.
Inheritance rights are also not automatically changed by a prenuptial agreement. The statutory share of a spouse depends on the matrimonial property regime, and the flat increase under section 1371 BGB only applies if the community of accrued gains ends through death. For inheritance matters a will or an inheritance contract is often the better instrument.
Frequently asked questions
Is a prenuptial agreement a sign of mistrust?
Not necessarily. Many couples see the agreement as protection in case circumstances change, for example through self-employment or an inheritance. What matters is that both partners want the arrangement together and understand its consequences.
Can I conclude a prenuptial agreement after the wedding?
Yes, an agreement is also possible during the marriage. It must likewise be notarised. Changing an existing arrangement often requires a more thorough review, because it can affect tax and inheritance matters.
Does the agreement automatically apply in a divorce?
The agreement applies if it was validly concluded and the marriage ends. In divorce proceedings, however, a court can review whether individual provisions are unreasonable, particularly regarding maintenance. Regular review is therefore sensible if your situation changes.
How does the prenuptial agreement relate to the matrimonial property regime?
The prenuptial agreement is the means by which you change the matrimonial property regime. Without an agreement, the community of accrued gains applies. For the differences between gains balancing and separation of property, see our guide Separation of property or Zugewinn: what counts at marriage.
Do I need a lawyer if I have a notary?
The notary certifies the agreement and advises on its form, but must look after both parties equally. Anyone wanting to assert their own interests should also consult a lawyer specialising in family law. This matters above all with larger assets.
What you can do now
- Work out together your assets and your plans for work, children and place of residence.
- Ask a notary or specialist lawyer which options are realistic for you.
- Book an appointment for certification and have the draft reviewed in peace beforehand.
Related reading
- Family, partnership and money: the overview for young adults
- Separation of property or Zugewinn: what counts at marriage
- Joint tax assessment for married couples: why its abolition is being discussed
- Divorce costs: what proceedings cost and who pays
- Calculating child maintenance: what parents pay after separation
Sources: Section 1410 BGB, form of the prenuptial agreement (text in force since 1 January 2002), Section 1363 BGB, community of accrued gains (text, accessed November 2026), Section 1371 BGB, balancing of gains on death (accessed November 2026).
Last updated: November 2026. This guide is general information, not individual advice.
