Marital agreements
Personal advice. Careful preparation.
A marital agreement provides clarity on matrimonial property matters. We explain the available options and tailor the agreement to your personal and financial circumstances.
A marital agreement governs matrimonial property matters and may be entered into before or during marriage. We advise on the options permitted by law, such as choosing a matrimonial property regime and making permissible adjustments to participation in acquisitions.
We tailor the provisions to your financial circumstances, business interests and mutual protection. The marital agreement, as well as any agreed amendment or termination, requires the prescribed public notarisation.
Assets and mutual protection
We discuss which matrimonial property regime fits your objectives and which permissible adjustments may be appropriate. Assets, debts, company interests and the origin of funds may play an important role. We explain clearly the consequences when the matrimonial property regime is dissolved.
Distinguish marital agreements from estate planning
Matrimonial property law and inheritance law interact on death but address different questions. We assess with you whether a supplementary testamentary disposition or inheritance agreement would be useful. Entitlements to compulsory shares and other statutory limits cannot be eliminated by a blanket provision in a marital agreement.
Our procedure
- Starting position: Clarify assets, the matrimonial property regime and objectives.
- Structure: Discuss the options and legal consequences.
- Draft agreement: Agree provisions and resolve outstanding questions.
- Notarisation: Conclude the marital agreement in the prescribed form.
Arrive well prepared
Bring existing marital or inheritance agreements, information about assets and debts, and the participants’ identification. Where foreign jurisdictions are involved, we clarify the applicable law and any additional questions of form or recognition in advance.
Request a notarial appointmentAdditional information
More about family and matrimonial property lawFrequently asked questions about notarisation
Find practical guidance for your situation, grouped by notarial service. The specific requirements depend on your transaction; we clarify documents, attendance and costs with you before the appointment.
For engaged and married couples
Can we enter into a marital agreement after our wedding?
Yes. A marital agreement can be concluded before or during marriage and requires notarisation. We discuss your assets, the intended matrimonial property regime and the consequences with both of you. An agreed amendment or termination must also comply with the prescribed form.
What should we prepare as a couple?
Useful information includes assets and debts, the origin of significant assets, business interests and existing marital or inheritance agreements. Tell us your objectives, such as protecting each other financially or addressing business ownership. We agree on identification requirements and personal attendance in advance.
Is a marital agreement enough to protect the surviving spouse?
A marital agreement governs matrimonial property, not every inheritance issue. On death, matrimonial property entitlements and estate distribution need to be coordinated. Depending on your family situation, a will or inheritance agreement may also be appropriate. We review existing commitments and compulsory shares with you.