What does marry wise mean
Marry wisely! | When does a marriage contract make sense?
At the wedding, very few couples want to worry about what to do if the marriage fails. If the dream of marriage is broken, many people are frustrated and grieved.
So that the divorced are not overwhelmed by financial worries, "Finanztest" advises in the August issue of a marriage contract and sheds light on various options.
Why is a contract useful?
►The marriage contract is not necessarily the opposite of love - it can even mean more care and provision.
Almost half of the marriages concluded in Germany are divorced. In many cases, the result is bitter disputes, be it over maintenance or possessions.
A prenuptial agreement can save spouses a lot of money and hassle in the event of a divorce.
Three ways to protect yourself
In principle, these alternatives are open to couples:
• the community of gains
• the separation of property
• the community of property
What exactly does community of gains mean?
If you don't have a marriage contract, you live in a community of gains from the time you get married. The testers believe that this is a good legal regulation for married couples.
"Financial test": "This financial matrimonial property regime occurs automatically after marriage, unless married couples have agreed otherwise - and should apply to many couples."
Each spouse retains the assets they had before the marriage. And the fortune he earned during the marriage is also his.
The basis of the legal rules in the case of divorce is still the classic housewife marriage: He brings the money home, she takes care of the stove and children and therefore cannot build up a fortune.
This is where the profit compensation comes in. Gain is determined by comparing assets from the wedding day to the filing of divorce.
"Financial test":“If one spouse has earned more than the other, he must compensate him for this. Whoever is better off in the end has to give up half the difference. "
When does a marriage contract make sense?
Whenever the legal rules are not wanted by the spouse in the event of a divorce.
However, this is a personal and individual decision of the couple. If the marriage does not follow the pattern of housewife marriage, which it often does these days, a prenuptial agreement is an option.
"Financial test" advises: "With a marriage contract, you as a couple can regulate the degree of economic independence in the event of a separation."
► It makes sense to conclude a prenuptial agreement, especially for people with two wages. This also applies if one of the spouses is self-employed or an entrepreneur.
If the partners are of different nationalities, it is particularly advisable to conclude a contract.
Because this also determines which national law should apply in the event of separation.
Two alternatives to the community of gains
Married couples have two options for regulating the property regime through a marriage contract:
► Separation of property: Complete separation of property.
► Community of property: The assets are generally to be viewed jointly.
What exactly does that mean in terms of property regime?
If the couple have contractually decided to separate property, they can agree on details.
You can agree that no property compensation should take place at all or that certain areas of property should be excluded. This can be the case, for example, if a company exists.
And how does the community of property work?
According to the financial test, everything here becomes communal property. So also what the partners bring into the marriage.
"Financial test": "The spouses can only dispose together and are jointly liable for all liabilities."
► But because this can mean high risks and disadvantages, this property regime is rarely agreed.
What else can a marriage contract contain?
In addition to the property regime, agreements are made on maintenance and care in old age.
- Entertains: Here one decides on a post-marital maintenance that deviates from the law.
- Care: The pension equalization is also regulated by law; you can deviate from it in a marriage contract.
Attention: Child support cannot be contractually excluded!
When do you sign such a contract?
A degree is possible before and during the marriage.
Even if the marriage has already failed, the spouses can still conclude a contract within the framework of a so-called divorce consequences agreement.
What can be agreed for the pension adjustment?
If both partners are employed and each pay into the statutory pension, the pension equalization can be excluded.
It can also be agreed that the more affluent spouse offers the less affluent another provision - for example in the form of a private pension insurance. And it can be regulated that although a pension equalization takes place, only certain pension entitlements should be taken into account.
► Interesting to know: According to the “Finanztest”, contractual clauses that affect married life in the narrower sense cannot be sued.
"Financial test":"This is the case, for example, when a couple has committed to weekly sexual intercourse."
How is the marriage contract concluded?
The marriage contract is only effective if it is concluded in a notarized form.
For this, both spouses must be present at the notary.
What does the contractual protection cost?
The higher the net worth, i.e. the assets minus the debts, the more must be spent on the notary.
“Finanztest” cites the following example: If the couple has a net worth of 50,000 euros, the notary gets 330 euros, with 100,000 euros he gets 546 euros.
Attention: VAT and other expenses come on top!
Protection against wild marriage
If you live together unmarried, you are not automatically entitled to maintenance in the event of separation.
Attention: Unlike after a divorce, the asset equalization is also flat.
"Financial test": "Women who work part-time in order to be able to take better care of the children are often in a particularly bad shape."
If the relationship with couples without a marriage certificate is over, a partnership agreement can be used to determine whether one of the partners will help the other financially.
As with the marriage contract, questions can be settled in the partnership contract that may be relevant in the community, for example who pays the ongoing insurance or household costs.
What else can the contract regulate?
Other points of contention that threaten to arise in the event of divorce or separation of the partnership can also be agreed in the marriage or partnership contract.
This includes questions like:
✔ Access rights for children?
✔ Who can stay in the rented apartment?
✔ Who will get the pets?
Should the contract be adjusted?
► Good advice from "Finanztest": If you earn more during the partnership or if you have children, it is advisable to adapt the contract. "
By the way, you don't have to go to the notary for a partnership agreement to have it certified. Unless it is a donation or a transfer of property or apartment.
If you want to be absolutely sure, it is worth consulting a lawyer. Cost: between 100 and 250 euros.
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