Building as a single, marriage, and prenuptial agreement

  • Erstellt am 2020-08-08 13:08:10

Rollo83

2020-08-09 09:47:02
  • #1

Yes, that sounds plausible. It's probably too naive to assume that after 15 years of marriage, you can divide something like that differently. For example, with the purchase receipts of the stocks or somehow the completion of the mortgage.
If we have children, we either combine the accounts or I simply top up the parental allowance my wife receives to the salary level she had before.
She can choose.



Don't worry, I'm just finding out whether there is a prenuptial agreement or not, and that comes from my wife who will bring exactly €0 into the marriage. By the way, I find that completely okay and not meant to be derogatory.

One more general question that I can actually answer myself. Even if everyone has their own account and own income, in marriage everything is pooled. Does that mean if partner 1 invests €1000 every month from their income in stocks and partner 2 spends their income every month and saves nothing, partner 2 will still be entitled to 50% of the monthly €1000 at the time of divorce?
According to my logic, YES, right?
 

hampshire

2020-08-09 09:49:44
  • #2
That is a gain. Yes.
 

Rollo83

2020-08-09 09:52:50
  • #3
@ Hampshire

You are right, the consideration is one-sided. However, this is because I never thought about a marriage contract at all and my wife herself suggested it because she says she "doesn't have a cent" and I am quite reasonably positioned. Financially, the consideration is actually one-sided.

But it's not about the money for me, nor for her, otherwise she probably wouldn't have brought up the topic of a marriage contract. She wanted to do something good for me with it.

Now we're just thinking about whether a marriage contract might make sense from another perspective, putting the financial situation aside, that is, what else could be regulated in some way. Of course, I want everything to be fair.

She would contractually waive the accrual. Everyone would probably say now that I should agree to that, but I actually don't want to.
 

hampshire

2020-08-09 10:01:03
  • #4
Turn the thought around: What factual reason and advantages are there not to make a prenuptial agreement. Then the decision becomes easy.
 

Rollo83

2020-08-09 10:05:05
  • #5
There is probably no factual reason NOT to conclude a prenuptial agreement. You mean it, right, that it definitely makes sense to have a prenuptial agreement. As I said, neither of us is opposed to it. Shall we just find a specialist lawyer and discuss on site how things should be arranged, sign it, and that's that?
 

Tassimat

2020-08-09 10:41:10
  • #6


I don't have a prenuptial agreement and am satisfied with the situation. The factual reason is that I think the legal regulation fits and is fairly reasonable. At least as far as material and monetary assets are concerned. Alimony to the ex-wife is always unpleasant, that should be limited. Alimony to the children is also unpleasant, but I doubt that I can or want to do anything about it. I simply handle it like this: sell the house, life goes on.

: inform yourself about what the normal legal regulation is. Only if points and scenarios are not as you want them to be can you consider in step 2 whether and how a prenuptial agreement is possible.
 

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