Marriage and partnership
When you enter into a cohabitation with your partner, you show them that you want to shape your future together. It is entirely up to you and your partner to decide what form this cohabitation should take - whether you live together in a non-marital partnership without a marriage certificate or whether you enter into marriage with your partner. In either case, however, living together raises numerous questions, such as
- What happens to the partners' previous assets?
- How should new assets (e.g. a property) be acquired? Who will finance the costs and what are the tax consequences?
- Who is liable for any debts and how can the risks be minimized?
- What rights and obligations exist with regard to joint children?
- What happens in the event of a separation?
- Should my partner be able to act on my behalf if I am no longer able to do so myself due to illness?
- Who inherits in the event of death and is the partner adequately provided for?
Such questions are usually answered very differently by different couples, depending on their personal life situation and their ideas about their future together. It therefore makes sense to seek advice on the existing legal regulations and decide for yourself whether they are in line with your shared ideas or should be adapted. Your notary not only has outstanding professional qualifications for this. Due to her impartiality, she can mediate, especially when the partners have opposing interests, and ensure that all agreements are fair and balanced.
Marriage contracts
The legislator has linked a number of legal consequences to marriage, some of which become significant during the marriage, others only in the event of separation or divorce. These relate in particular to the areas of matrimonial property regime, maintenance and provision in old age. In principle, you can adapt these regulations to your individual needs. Due to the sometimes far-reaching consequences and in order to ensure impartial legal advice, the legislator has prescribed notarization for the conclusion of a marriage contract. The marriage contract can be concluded both before and after the marriage.
Separation and divorce agreements
If the future together with a spouse fails, this is not only personally stressful, but also raises a number of legal and economic issues. If the partners succeed in resolving these by mutual agreement, this not only saves grueling arguments, but also enables the divorce proceedings to be concluded more quickly and cost-effectively. Last but not least, an amicable solution is generally more acceptable to the former partners than a court decision.
Your notary will advise you on the open questions and support you as a neutral legal advisor in working out fair solutions. You can then set out your individual agreements in a notarized separation or divorce agreement.
Non-marital partnership
For married couples, the legislator has provided a number of legal consequences for cohabitation and separation. These regulations do not apply to unmarried couples. This can lead to inappropriate results, especially if the couple has been living together for a long time, if joint investments are made, for example for a house or a car, or if children are born together. As partners in a non-marital partnership, you should therefore consider what rules should apply to cohabitation or in the event of separation and record these in a partnership agreement.
You should also think about the distribution of assets after the death of one partner and the protection of the other partner. Unlike spouses and life partners, unmarried people have no legal right of inheritance, so regular provision should be made for protection in the event of death.
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Your contact person
Florence Wetzel
Together with my expert team, I am happy to offer you notarial advice in all areas. This means you can be sure that everything will go according to your wishes and be legally compliant. If you have any questions or need help, please do not hesitate to contact me. I am here for you and will be happy to assist you.