In detail, these are questions of private international law
Through a prenuptial agreement, the spouses are certain rules for marriage, but especially for the case of a possible divorceIn marriage contracts, often of the goods and, therefore, the division of property after dissolution of marriage, the equalisation of pension rights, as well as arrangements for post-marital alimony. A marriage contract according to German law, only be effective if it is notarized, otherwise the contract is null and void. Since a prenuptial agreement can include reaching regulations, the legislator, the advice of a notary public as an impartial Advisor to be indispensable. A marriage contract can be closed before or during the marriage, in rare cases, even after legal divorce. Provisions for the prenup are to be found in section of the German civil code. In practice, the marriage contract is often linked with a contract of inheritance. In the case of Life partnerships, the following principles are analogously applicable to the corresponding contract between the partners is called life partnership contract. In a marriage contract, other things can be arranged, for example, whether or when children are desired, how life should be structured, etc, however, provisions are not enforceable. In principle, freedom of contract, that is, the spouses are free, what provisions you want to include in the prenup. Until, the marriage contracts were declared only in particularly exceptional cases, ineffective. Since, the case-law of the Federal constitutional court and the Federal court of justice, the freedom of contract has, however, limits. If the prenup contains an evident single-sided load distribution, and ehebedingte disadvantages are not compensated for in the case of divorce, reasonably, can be the marriage contract, either because of morality null and void, or the appeal to the marriage contract may not be in the individual case, contrary to good Faith. Particularly problematic agreements, the intervention according to the jurisprudence of the Supreme court in the so-called"core area"of the consequences of a divorce law. For this purpose, the post-marital maintenance because of the care of common children (maintenance), the maintenance due to age, disease, and infirmity, as well as the supply of compensation as anticipated old-age maintenance. In the case of immorality, the entire contract can be cancelled. A Prime example of an ineffective prenup agreement, the waiver of the economically inferior spouse to any Form of care for maintenance, but also on maintenance because of age or illness. Also, agreements to supply compensation in accordance with this case law is often ineffective. The marriage contract is not allowed to also distribute the maintenance obligations, so that the child is endangered or the agreement of the state as a carrier of social transfer systems charged. Similarly, prenuptial agreements can be problematic, in which a maintenance exclusion leads to an inappropriate, one-sided disadvantage of the economically weaker partner, for example, due to possible ehebedingten disadvantages. Ehebedingte disadvantages can be if it is because of the way of life of the economically weaker partner during the marriage by far the greatest number of earnings. The finding of the existence of ehebedingter disadvantages is subject only to a secondary onus of presentation and burden of proof and thus has a speculative share. Because this court is in accordance with the Federal not in the core area of the consequences of a divorce law intervened. Finally, an unequal bargaining position at the time of conclusion of the marriage contract can cause the contract of marriage is null and void. According to a judgment of the Federal court, the fact that the wife at the conclusion of the indexed Marriage contract was pregnant, an unequal bargaining position, which can lead to the invalidity of the marriage contract as a whole. A special expression of the marriage contract, the divorce agreement will follow. This is closed, if the spouse is a high probability that the divorce of the marriage is desired. A divorce agreement usually a simplified divorce, divorce by mutual agreement. To this end, in a divorce agreement to follow additional rules, such as to child maintenance or to address the household effects (see § of the FamFG). In cases with foreign contact, special provisions or other legal regulations. The spouses have the same nationality, the right of the matching nationality to apply to their marriage, the marriage contract and a divorce, even if you are in another country see life (in particular, articles et seq. of the civil code) Also, it can give specifics, if the spouses are living abroad and the dissolution of the marriage abroad is requested. Often, the question of the international jurisdiction of the family court. The Austrian law as a statutory regime is limited community of accrued gains was: Each spouse remains the owner of the marriage is introduced, and acquired during the marriage assets and is only liable for its own debts (separation of property). In the event of a dissolution of the marriage, however, are assets of the conjugal Use, for example Household goods and matrimonial home, as well as marital savings split. two In the case of contracts that have a community of goods or a contract of inheritance to the object, is marriage pacts within the meaning of the civil code. These require a notarial deed Agreements on the division of marital assets in the event of the dissolution of the marriage are in § of the marriage law regulated.
To the division of marital savings, or the division of the matrimonial home, is a notarial deed is required, otherwise, the written form is sufficient.
Agreements on child Custody and child support of common children are mere declarations of intent and, in the case of divorce is not binding.
