Agreements concerning property rights aim to ensure a fair distribution of assets and a clear definition of rights and obligations. The aim is to create fair, balanced and bespoke contractual terms that reflect the expectations and aspirations of the spouses, both before marriage and during their life together, and following a possible divorce or the death of one of the spouses.
In order to fully represent the interests of our clients, we focus on identifying and distinguishing marital property from the separate property of each spouse as provided for by the legal matrimonial property regime. Where clients wish to deal with their property in a way that does not respect the legal matrimonial property regime, we advise on and draft prenuptial or marital property agreements and other possible agreements between the spouses.
Entering into a prenuptial or marital property agreement is a wise step in planning for the couple’s future, ensuring clarity and predictability of the spouses’ property rights and obligations, particularly in the event of divorce or the death of one of the spouses.
By drafting the appropriate content of the prenuptial agreement, we enable the future spouses to create a matrimonial property regime that best reflects their individual wishes, needs and expectations. The agreement defines in advance the property relationships of the future spouses, including:
In addition to providing greater legal certainty between the spouses, a prenuptial agreement allows flexibility in shaping the legal relationship, thereby influencing the stability and durability of the relationship between the spouses.
A marital property agreement entered into by the prospective spouses comes into effect on the date of marriage or on such date after the marriage as the prospective spouses specify in the marital property agreement. As the validity of such a prenuptial agreement requires a number of steps before it can be concluded, we carry out the following for our clients:
Agreements between spouses
During the course of a marriage or cohabitation, the key question of the distinguishing between marital and separate property often arises and requires proactive action. In such cases, it makes sense for the spouses or cohabitees to enter into an agreement during their marriage or cohabitation in order to define the exact extent of their marital property and to define their separate property.
By entering into a marital property agreement in advance, the risk of potential legal disputes at the end of the marriage is effectively reduced. It provides legal clarity, helps to avoid potential disagreements between spouses and allows for a better understanding of property issues.
We work with asset valuation experts to identify and value the marital property of spouses or cohabitees, which mainly consists of:
Once the marital property has been identified, we vigorously pursue our clients’ interests from the negotiation phase to the execution of the agreement or the final court judgement, and we draft the following for our clients:
It is advisable to enter into a marital property agreement, especially if the contribution of one spouse is higher due to a higher income or due to the contribution of certain assets of one of the spouses to the marital property, as it clearly defines the extent of and the shares in the marital property at the time of its creation. The subsequent determination of the extent of and shares in the marital property, particularly at the time of divorce, is often less likely to establish the greater contribution of one of the spouses to the creation of the marital property, due to the temporal distance of the events. In addition, we recommend entering into a marital property agreement for the purely pragmatic reason that, by entering into such agreements, the spouses have a clear division of their property situation and, in the event of a divorce, they save themselves and their descendants time and money on legal disputes that may arise in this respect.
We deal with the stressful and emotionally-charged situations that accompany divorce or the termination of cohabitation with a professional and individual approach to our clients. We represent our clients and draft the following necessary out-of-court agreements or motions to be heard in court:
Divorce is a complex process which, in addition to the formal divorce, also requires a thorough settlement of the other relationships between the spouses. We offer the following services to our clients as key services for their settlement, namely:
Protection of children’s rights
In the event of divorce or termination of cohabitation, we take appropriate steps to protect the rights and best interests of children, particularly minor children. We draft appropriate agreements or protect children’s rights through court orders so that, in addition to guaranteed care and upbringing, the child receives appropriate maintenance and contact with the parent with whom the child will not be living in the same household or with others such as grandparents.
Our aim is to achieve a fair and equitable distribution of assets and to avoid potential disputes. Our involvement also extends to the legal settlement of property relationships between spouses or cohabitees prior to marriage or cohabitation. We also work intensively on the precise and compliant regulation of property relationships during and after the termination of a marriage or cohabitation.