Family + pensions

A prenuptial agreement can be considered part of the provision for divorce. It governs the division of assets, balancing of pension entitlements and matters relating to maintenance law. 

A prenuptial agreement can help avoid potential conflicts and expensive legal disputes in the event of a divorce by clearly and unambiguously setting out the terms and agreements in advance, including the applicable law in cases involving a link to a foreign country. In the event of a divorce, a prenuptial agreement can also protect assets acquired before the marriage by one of the parties. This is especially important if one of the parties owns significant (often liquidity-related) assets or businesses that they wish to keep in the event of a divorce. Prenuptial agreements can also be used to govern liability for debts accumulated by one party prior to the marriage. 

As experienced notaries in prenuptial agreement law, we provide our clients with comprehensive advice and draft a prenuptial agreement tailored to their needs.

In order to deal with the financial and legal consequences of a separation or divorce, it is possible to conclude a divorce agreement in advance of the actual judicial divorce. As an impartial obligor, we as notaries can make arrangements with our clients for an amicable divorce and record them in a notarial contract. A divorce court can then pronounce the divorce in a simplified procedure. This saves time, money and most likely stress for our clients.

As a precautionary measure, a healthcare proxy allows a trusted person selected by the client to take care of their legal and personal health matters on their behalf in a legally secure manner in the event of illness, such as an illness affecting their legal competence, without the need for separate involvement and a decision by the custodianship court. We help our clients draft a precautionary proxy of this kind so that their desired balance between self-determination and external determination is secured. With a care directive, which can be included in the healthcare proxy, it can determined in advance whether and which medical measures should (still) be taken if there is no prospect of improvement and a prolongation of life would only prolong suffering. Our notaries are happy to advise clients on these difficult matters, too.