Dr. Hannes Klühs, civil law notary in Düsseldorf
Areas of Work

Marriage and Family

The marriage has significant legal and economic consequences, which a couple should previously take into account.

Marriage contract and divorce agreement

For the case of in modern times often occurring divorce, the law provides certain legal consequences. Given the diversity of today’s marriage models, the statutory law rarely reflects the ideas of the spouses.

Marriage and Family

Therefore, it is almost always advisable to check before or after a marriage with a civil law notary on the possibilities of a marriage contract (pre- or postnuptial agreement). In a counseling session the civil law notary will – according to the client‘s marriage modell - demonstrate the suitable variations and modifications. At the same time he is also taking into account the limits for the freedom of contract created by the legislation and the jurisdiction of the federal high court of justice (BGH).

Regularly there are three potential regulatory matters to discuss:

  • Is there a need for a modified legal property regime or must the statutory regime of the community of surplus be replaced by the regime of separate property?
  • Shall pension entitlements be fully compensated in the event of divorce?
  • Is there a need to limit or expand the statutory maintenance claims?

In addition, as a civil law notary I keep always sensible accompanying measures such as enduring power of attorneys and inheritance declarations in view.

If the spouses have not regulated the divorce consequences in advance or the previously made agreement does not fit ​​to the current situation, an amicable divorce can considerably shorten a long, expensive and nerve-sapping litigation. However, this requires a notarized divorce agreement. This contains the rules usually contained in a marriage contract (prenuptial agreement). It also includes provisions concerning custody and visitation rights of parents with children, the distribution of the household and the use of the marital home.

Agreements of registered couples
Agreements of unwed or non-registered couples
Issues of parents and child