Marriage contract
A prenuptial agreement is often seen as unromantic, as it introduces legal and financial aspects into a relationship that should be based on love and trust. However, this view can lead to the actual benefits of a prenuptial agreement being overlooked.
A prenuptial agreement can help to put the other spouse in a better position by transferring the entire inheritance to them in the event of death. The spouses' greatest assets often lie in their inheritance, i.e. what they have saved and bought together during the marriage - for example a property. In particular, spouses with minor children may also have an interest in the entire inheritance being allocated to the other spouse so that the surviving spouse does not get into financial difficulties because they have to pay out their children (who may be minors) who are entitled to inherit.
If one spouse has their own business, a prenuptial agreement is also highly recommended. In the event of a divorce, a successful SME may have to be sold, liquidated or shares in the company transferred to the other spouse because the spouse who owns the company lacks the necessary liquidity to pay the other spouse. With a prenuptial agreement, shares in the company can be defined as separate property and the profits made from these shares can be excluded from the estate.
In addition to a marriage contract, it is also advisable to deal with inheritance law provisions in order to organize the estate according to individual wishes and needs in the event of death. The spouses can make such arrangements in a will or an inheritance contract. For example, the other spouse can be given the maximum benefit under inheritance law by being appointed as a universal heir and the children can be given a compulsory portion.