Matrimony, partnership and family

For the legal consequences of marriage, the legislator has made detailed regulations on pre-marital and marital property, the shared home, maintenance claims of the spouses and their children after a divorce and pensions. However, the legal model does not suit every couple. There is no comparable legal framework for unmarried couples. This is why it is not always, but often makes sense to make arrangements beforehand in the event that you no longer agree on everything.

Living together raises numerous questions that should be considered, such as

• What happens to the sole assets, what happens to both parties’ assets?
• Should assets (e.g. property) be acquired jointly or alone and what are the tax consequences?
• Am I liable for my partner’s debts?
• Am I covered in old age?
• Am I entitled to payments in the event of illness or disability or should I expect my partner to make claims?
• What rights and obligations do I have with regard to joint children?
• What happens in the event of separation?
• What rights do I have in the event of death?
• What applies in the event of an ‘international marriage’?

The answers to these questions vary greatly depending on whether the partners live together in a marital, civil partnership or non-marital relationship. However, the law offers the possibility of making individual agreements and independently choosing the most suitable arrangement.

The prerequisite for this is precise knowledge of the dynamic legal situation. As impartial advisors, notaries can impart this knowledge and offer sensible and balanced agreements. As a result, the partners receive customised solutions for their personal life situation, which also stand up to judicial review in the event of a later dispute.

Notaries are also the right people to talk to about the relationship between parents and children, including questions about adoption.

Our notaries can advise you on the following topics in particular:

• Marriage contracts in connection with the marriage
• Separation and divorce settlement agreements
• Agreements on the preservation and distribution of family assets
• Agreements on the cohabitation of unmarried partnerships
• Questions of international marriage and child custody law