Prenuptial Agreement in Germany: Ehevertrag, Assets, Divorce, and Costs

A prenuptial agreement in Germany, or Ehevertrag, is not only for business owners and people with substantial capital. It is a notarized contract that defines in advance how spouses want to regulate assets, gains accrued during marriage, pension rights, maintenance, and certain international issues. Without such an agreement, the default German matrimonial property regime applies automatically, and it is not suitable for every couple.

In 2024, according to official statistics, around 349,200 marriages were registered in Germany and about 129,300 divorces were finalized. But the main issue is not the statistics. The practical risk is what will happen to an apartment, debts, an inheritance, a company, or a pension if the relationship ends in divorce or one spouse dies.

An Ehevertrag is discussed especially often if:

one partner already owns an apartment, house, savings, family assets, or a stake in a company;
one spouse is building a business, medical practice, startup, or receives stock options;
an inheritance, a large gift from parents, or a family loan is expected;
one partner takes a career break because of children and therefore loses income or pension rights;
the marriage is international and the assets are located in Germany and abroad;
this is a second marriage and one spouse already has children from a previous relationship.

What happens without an Ehevertrag

If spouses sign nothing, the usual German regime is Zugewinngemeinschaft. That does not mean that everything becomes joint property after the wedding.

By default, each spouse remains the owner of their own assets: bank accounts, company shares, an apartment, a car, securities. In a divorce, the calculation usually does not focus on each item separately, but on the increase in assets during the marriage. This calculation is called Zugewinnausgleich.

In short, it works like this:

property owned before the marriage usually remains the property of the spouse who owned it;
an item bought during the marriage belongs to the person in whose name it is registered, unless the spouses arranged the shares differently;
one spouse’s personal debts do not automatically become the debts of the other spouse just because they are married;
in a divorce, the increase in assets of each spouse is compared and a monetary compensation claim may arise.

How Zugewinn is calculated

Each spouse has Anfangsvermögen: the assets they had at the start of the marriage. Then Endvermögen is determined: the assets at the time of calculation in a divorce. The difference between the two is the Zugewinn.

Simplified formula:

Zugewinn = Endvermögen minus Anfangsvermögen

If one spouse’s increase is larger, the other may receive half of the difference in cash.

Example:

on the wedding date, the husband had 10,000 EUR and the wife had 5,000 EUR;
by the time of the calculation, the husband had 25,000 EUR and the wife had 6,000 EUR;
the husband’s increase is 15,000 EUR and the wife’s increase is 1,000 EUR;
the difference in accrued gains is 14,000 EUR;
possible compensation: 7,000 EUR.

In practice, the difficulty is almost always proof. After several years, it is hard to reconstruct how much money was in the accounts, what an apartment was worth, which loans already existed, and what a business stake was worth. That is why, even without a prenuptial agreement, it is useful to keep account statements, purchase contracts, real-estate valuations, loan documents, and confirmations for deposits.

Inheritance and gifts

An inheritance and substantial gifts to one spouse do not automatically become joint property. Under German law, these transfers are usually credited to the spouse who received them.

But the increase in value can become the disputed part of the calculation. If a spouse inherited an apartment and it rose significantly in value during the marriage, the dispute is often not about the apartment itself, but about the increase in value, renovations, contributions by the other spouse, and rental income.

Example: the wife received an apartment from her parents. The gift itself remains connected to her. But if the apartment increased in value and renovations were paid for from joint family funds, a dispute may arise in a divorce about which part of the increase should be taken into account.

Debts and everyday transactions

Marriage does not make the other spouse an automatic co-borrower. If one partner takes out a personal loan or signs a business contract, the other usually is not liable just because they are married.

There are important exceptions. Transactions for the ordinary needs of the family can affect both spouses. In addition, major dispositions involving almost all of one spouse’s assets or items of the joint household may in some cases require the consent of the other spouse.

What an Ehevertrag can change

In Germany, a prenuptial agreement is usually used not to “cancel everything,” but to tailor specific problem areas.

Most often, an Ehevertrag regulates:

the property regime: whether to keep Zugewinngemeinschaft, modify it, or choose Gütertrennung;
the method for valuing a business, real estate, company shares, stock options, and family loans;
the treatment of inheritance, gifts, and assets received from parents;
limits on compensation in case of divorce;
questions of Versorgungsausgleich, the division of pension rights;
specific terms on Unterhalt, spousal maintenance;
international assets and the applicable law, if that is allowed in the specific situation.

Important: parents cannot waive children’s rights by contract. Terms that are too one-sided regarding maintenance, pension rights, or the protection of the economically weaker spouse may be reviewed by a court.

Assets, pensions, and maintenance in a divorce

The financial consequences of divorce usually consist of several parts.

Area	What it means
Zugewinnausgleich	Financial equalization of accrued gains under the default Zugewinngemeinschaft regime.
Versorgungsausgleich	Division of pension rights earned during the marriage.
Unterhalt	Maintenance during separation or after divorce, if there are legal grounds.
Kindesunterhalt	Child support; parents cannot waive it in a prenuptial agreement.

That is why it is better to design an Ehevertrag not as a blanket waiver of everything, but as an agreement with a clear logic: what exactly the spouses want to change and why that allocation is fair.

Versorgungsausgleich

Versorgungsausgleich concerns pension rights accumulated during the marriage. For foreigners, this is often an unexpected part of divorce: even if the apartment or company remains with one spouse, pension rights may still be divided.

In a short marriage, the issue may be handled differently, but in the usual case the pension component cannot simply be ignored. If one spouse worked for years while the other took care of children or had a low income, a complete waiver of pension equalization can raise serious questions.

For more on the pension system, see the state pension in Germany.

Unterhalt

Maintenance during separation and maintenance after divorce are governed differently. Child support is a separate issue. A prenuptial agreement can regulate many things, but it cannot deprive children of their right to support, and terms that disadvantage the economically weaker side may be challenged.

If the agreement affects maternity leave, long periods of childcare, illness, giving up a career, or moving to another country, it should be reviewed especially carefully with a family-law attorney. See also spousal and child support and divorce in Germany.

Property regimes: Zugewinngemeinschaft, Gütertrennung, Gütergemeinschaft

In Germany, spouses can keep the default regime or change it through a notarized agreement.

Regime	How it works
Zugewinngemeinschaft	The legal default regime: assets remain registered to each spouse, but the increase in assets is calculated in a divorce.
Gütertrennung	Separation of property: equalization of accrued gains is usually excluded, but pension, maintenance, and inheritance issues do not disappear automatically.
Gütergemeinschaft	Community of property by agreement; a complex model that requires especially careful preparation.

A common mistake is to think that full Gütertrennung is always necessary. For many couples, it is more reasonable to keep the basic system but exclude a specific asset from the calculation: a company, an inherited apartment, a family gift, foreign real estate, or a pre-defined business valuation method.

How an Ehevertrag affects inheritance

A prenuptial agreement can change not only the consequences of divorce, but also the inheritance situation. Under the legal property regime, the surviving spouse in Germany may receive an additional share through the lump-sum treatment of Zugewinnausgleich. Under Gütertrennung, that mechanism does not apply in the same way, and the result depends on the number of children and other heirs.

That is why an Ehevertrag should not be viewed separately from a will, an inheritance contract, real estate, and children from previous relationships. If the couple has a business, children from a first marriage, or assets in several countries, the prenuptial agreement should be coordinated with estate planning.

International marriage and assets abroad

If the spouses have different citizenships, live in Germany, and hold assets in another country, one German Ehevertrag does not solve all issues automatically.

You need to check separately:

which law applies to the spouses’ property relations;
whether the agreement is recognized in the country where the real estate or business is located;
whether a translation, notarization, apostille, or legalization is required;
how the local real-estate or corporate-share register works;
whether the German agreement can be enforced in practice outside Germany.

Documents from another country often require an apostille or another form of authenticity confirmation. For countries participating in the Hague Apostille Convention, it is best to verify the status against the current HCCH table.

A German Ehevertrag helps establish rules between spouses, but for assets abroad you almost always need local evidence: a registry extract, purchase contract, payment records, valuation, translation, and a check of the document form.

How to formalize a prenuptial agreement with a notary

An Ehevertrag in Germany requires notarization. An oral understanding, a text from the internet, correspondence, or a document signed privately do not replace notarization.

The roles of the notary and the lawyer are different:

the notary notarizes the agreement, must explain the legal consequences, and remains neutral;
the lawyer protects the interests of one specific side and is useful in cases involving a business, inheritance, an international element, a language barrier, or a noticeable imbalance in bargaining power.

Procedure

Gather information about assets, debts, inheritance, a business, pension rights, and foreign assets.
Decide what exactly needs to be changed: the entire property regime or only specific parts.
Discuss the risks with the notary and, in a complex case, with a separate lawyer.
Obtain the draft agreement in advance and read it without rushing.
If one spouse does not understand German well, arrange an interpreter in advance.
Sign the agreement before the notary.
If life circumstances change seriously, update the agreement with a new notarized arrangement.

If the relationship is already in crisis, instead of a regular prenuptial agreement the spouses often conclude a Scheidungsfolgenvereinbarung, an agreement on the consequences of divorce.

An interpreter is not a formality

If one spouse does not understand the language of the notarial procedure, that creates a risk for the stability of the agreement. The notary must see that both parties understand the content and the consequences of signing. If necessary, an interpreter is required, and the fact of the translation must be properly reflected in the procedure.

How much an Ehevertrag costs

The notarial cost of a prenuptial agreement in Germany depends not on the number of pages, but on the calculated transaction value under the GNotKG. In family property agreements, the benchmark is usually the spouses’ combined net assets: assets minus debts, subject to the statutory calculation rules.

Usually the costs include several parts:

Item	What affects the amount
Notary fee	Calculated under the GNotKG and the Geschäftswert.
Notary expenses	Copies, mail, electronic transactions, and other ancillary costs.
VAT	Applied to notarial services and expenses where relevant.
Interpreter	Required if a party does not understand German well enough.
Lawyer	Separate cost if individual legal advice is needed.

For a simple couple with modest net assets, the amount may be a few hundred euros. In cases involving a business, real estate, international assets, or substantial capital, the amount is higher, but in those situations accuracy of wording and valuation matters more than saving money on the notary.

The initial legal consultation for a consumer in Germany is usually capped by law unless a different fee arrangement is agreed. A full review of the draft, negotiations, risk calculation, and support with the agreement are paid separately: under the RVG, hourly, or for a fixed fee.

It is best to confirm the exact amounts with the specific notary or lawyer before starting, because the calculation depends on the Geschäftswert, the content of the agreement, and any additional services.

When a prenuptial agreement is especially useful

An Ehevertrag is worth discussing in advance if at least one of these factors exists:

a business, a stake in a GmbH, a medical practice, or freelance work with growing value;
family real estate or a property purchased before the marriage;
an inheritance, a gift from parents, or family money;
a significant difference in income;
planned parental leave, relocation, or a long career break;
citizenship, residence, or assets in different countries;
a second marriage and children from previous relationships;
the need to protect a company from a forced sale or a disputed valuation in divorce.

Common mistakes

Signing a template without understanding the German legal terms.
Fully excluding maintenance and pension rights without compensation for the other side.
Failing to record the value of assets at the time of marriage.
Thinking that Gütertrennung automatically resolves inheritance and support issues.
Not taking foreign real estate and local registration rules into account.
Signing the agreement under pressure, during pregnancy, in financial dependence, or with a language imbalance, without independent advice.

FAQ

Can you make an Ehevertrag without a notary?

No. A prenuptial agreement in Germany requires notarization. Without the notarial form, the agreement is usually invalid.

Can you sign a prenuptial agreement after the wedding?

Yes. An Ehevertrag can be concluded before the marriage or during the marriage. If the spouses are already separating, they more often use a Scheidungsfolgenvereinbarung.

Is it true that all property becomes joint after the wedding?

No. Under Zugewinngemeinschaft, property usually remains registered to each spouse, but the increase in assets is calculated in a divorce.

Can you completely waive maintenance and pension equalization?

Not always. The more strongly the agreement worsens the position of the economically weaker spouse or affects the interests of children, the higher the risk of judicial review.

Am I liable for my spouse’s loans?

Usually not, if you did not sign the loan and were not a co-borrower. But transactions for ordinary family needs can affect both spouses.

Is an interpreter necessary at the notary?

Yes, if one spouse does not sufficiently understand the German language used in the procedure. Otherwise, the agreement may become vulnerable to a dispute.

Will an Ehevertrag help with assets in another country?

It helps define the rules between spouses, but it does not replace local law, registries, translation, an apostille, and a check of the document form in the country where the asset is located.

Will Germany recognize a prenuptial agreement from Russia or another country?

This must be checked separately. The decisive factors are the form, authenticity, translation, apostille, applicable law, and whether the content violates basic principles of German family law.

If you are planning to marry a German citizen, it is also useful to understand the registration procedure and documents: marrying a German citizen in Germany.