Prenuptial Agreement or Separation Agreement? Legal Clarity for International Couples
A prenuptial agreement is a private contract signed before or during marriage. It defines the legal and financial terms of the relationship. For international couples, it creates clarity across borders — during marriage and in case of divorce.
Without a prenuptial agreement, spouses in Germany are subject to the default regime: community of accrued gains. In divorce, this often leads to complex financial equalization. The rules are outdated and may not reflect your individual needs. A well-drafted prenuptial agreement allows for tailored solutions. It helps protect your assets, especially if you own international property or run a business.
For example, entrepreneurs can avoid valuation disputes. The agreement may refer to existing clauses in company agreements. This protects the business and prevents unnecessary conflict.
In addition, a prenuptial agreement can cover pension rights and maintenance. It can also define which national law applies in case of separation. These aspects are crucial when spouses have different nationalities or live in different countries.
The difference: A separation agreement is signed after separation. It settles practical matters, such as household division, post-marital support, or parenting time. In contrast, a prenuptial agreement is forward-looking. It prepares for potential risks before they arise.
I will advise you in detail — in English, German, or French — on whether a prenuptial agreement is suitable in your situation. She will draft a personalized agreement and assist you in finalizing it with a notary.