By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
Germany recognizes and enforces prenuptial agreements, but only within the limits established by the Bürgerliches Gesetzbuch (BGB) and the German courts. Agreements must be notarized. The default regime is Zugewinngemeinschaft(community of accrued gains), but spouses may opt for:
● Gütertrennung , complete separation of property; or
● Gütergemeinschaft , full community property.
Germany’s Federal Court of Justice closely scrutinizes fairness. Agreements that leave one spouse at a serious disadvantage may be invalidated, particularly if circumstances change during the marriage, for example, where one spouse stops working to raise children while the other’s income increases dramatically.
German law also prohibits choosing a foreign governing law for marital property agreements.
Our Global Practice Perspective
With an international practice centered in New York and San Francisco, Elena Giannattasio would work alongside German counsel to ensure that German marriage contracts are integrated into broader cross-border strategies involving U.S. and EU assets.
Foreign Law Disclaimer, Multi-Jurisdictional Divorce, PLLC
This overview concerns foreign law. Elena Giannattasio, Esq. is not admitted to practice in Germany and does not advise on German Law. All information is provided strictly for general educational purposes and is not legal advice.