Prenuptial Agreements in Germany for Expats

Legal validity, applicable law and common pitfalls

International couples who plan to marry often assume that a prenuptial agreement, premarital agreement or pre-marriage contract will automatically provide legal certainty – regardless of where they live, which nationality they hold, or where their assets are located. In practice, this assumption regularly proves to be wrong.

In my advisory work with international couples, I repeatedly encounter prenuptial agreements that were drafted abroad or based on standard templates and later turned out to be ineffective under German law. The legal consequences often only become apparent years later, typically when a relocation, separation or divorce brings the agreement before a German court. This guide explains how prenuptial and post-nuptial agreements are treated under German law, which law may apply in international constellations, and where the most common risks lie for expats and internationally mobile couples.

What is a prenuptial or premarital agreement under German law?

A prenuptial agreement – also referred to as a premarital agreement, pre-marriage agreement or prenup contract – is a contract concluded before marriage that regulates the financial consequences of the marriage and a potential separation.

Under German law, such agreements typically address:

• the matrimonial property regime,
• maintenance obligations,
• pension equalisation, and
• the allocation of assets in the event of divorce.

Unlike in common-law jurisdictions, German family law does not treat prenuptial agreements as purely private arrangements. Instead, they are embedded in a framework of mandatory protections derived from the German Civil Code (Bürgerliches Gesetzbuch, BGB) and long-standing constitutional case law on marital autonomy and protection of the economically weaker spouse. This structural difference is often underestimated by international couples.

Is a prenuptial agreement valid in Germany?

In principle, prenuptial agreements are recognised under German law. However, their validity is subject to strict formal and substantive requirements. From a formal perspective, a prenuptial agreement must be notarised by a German notary public. This requirement follows directly from German statutory law and is applied consistently by German courts. Agreements signed privately, exchanged by email or drafted solely for use abroad do not meet this standard. In cross-border cases, I regularly encounter foreign prenups that are formally valid in their country of origin but lack the formal prerequisites required for effectiveness in Germany. This issue alone can render an agreement legally irrelevant in German proceedings.

Even where the formal requirements are met, German courts may still review the content of the agreement. Since a series of landmark decisions by the German Federal Court of Justice (Bundesgerichtshof), courts examine whether a prenuptial agreement violates fundamental principles of fairness. Clauses that create a severe imbalance between the spouses, exclude core protections or were agreed upon under pressure may be deemed partially or entirely invalid. This substantive review is significantly more intrusive than many expats expect, particularly those familiar with US or UK practice.

Which law applies to an international prenuptial agreement?

For expats, the decisive issue is often not the wording of the agreement, but the question of applicable law. Contrary to widespread belief, nationality alone does not determine which law governs a prenuptial or premarital agreement. In European and international constellations, the applicable law is determined by conflict-of-laws rules, including EU regulations and German private international law provisions.

Depending on the circumstances, the agreement may be governed by:

• German law,
• the law of another EU Member State, or
• non-EU law.

Factors such as habitual residence, relocation plans, timing of the agreement and choice-of-law clauses all play a role. In practice, seemingly minor drafting decisions – particularly imprecise choice-of-law clauses – can lead to the application of a legal regime that neither party anticipated. In several mandates involving internationally mobile couples, this issue only became apparent once divorce proceedings were initiated, at which point corrective measures were no longer available.

Risks of foreign templates and online prenup contracts

Many international couples rely on standardised prenup templates or advice tailored exclusively to their home jurisdiction. From a German legal perspective, this approach carries substantial risks. German courts may refuse to apply foreign legal concepts, override contractual provisions with mandatory German law or disregard the agreement altogether if it conflicts with core principles developed in German family law jurisprudence. In practice, this means that a prenup contract that appears comprehensive and enforceable abroad may offer little or no protection once German law applies. This is not a theoretical concern, but a recurring issue in cross-border family law cases.

Post-nuptial agreements under German law

A post-prenuptial agreement or post-prenup agreement, concluded after marriage, is generally permissible under German law. However, such agreements are subject to even closer judicial scrutiny.

Courts will examine not only the content of the agreement, but also the circumstances under which it was concluded. Where an agreement is entered into during a period of economic dependency or marital tension, enforceability risks increase considerably. In international contexts, these risks are amplified by questions of applicable law and jurisdiction.

Typical international constellations requiring careful legal review

Experience shows that a legal assessment is particularly advisable in situations such as:

• one spouse is German and the other is not,
• both spouses are foreign nationals residing in Germany,
• the couple plans to relocate internationally, or
• assets or business interests are spread across multiple jurisdictions.

In these constellations, standard prenup marriage agreements rarely provide the level of certainty couples expect.

Why an individual legal assessment matters

For international couples, the relevant question is rarely whether a prenuptial agreement is useful in abstract terms. The decisive issue is whether a specific agreement will be valid, enforceable and appropriate under the applicable law.

A focused legal assessment clarifies which law applies, whether foreign agreements are likely to be recognised in Germany, where enforceability risks lie and which adjustments may be required before notarisation. Addressing these issues early is typically far less burdensome than dealing with their consequences years later. Prenuptial and premarital agreements can provide legal certainty, but only if they are structured with the applicable legal framework in mind. For expats and internationally mobile couples, German family law introduces specific requirements and limitations that are often overlooked. A careful legal assessment before relying on a prenuptial or post-nuptial agreement is therefore not a formality, but a necessary step toward genuine legal clarity.

Legal Assessment for International Prenuptial Agreements

I offer a fixed-fee legal assessment for international couples to determine whether a prenuptial or premarital agreement will be valid and enforceable under German law, which law is likely to apply, and which adjustments may be required before notarisation. This assessment is intended to provide a clear legal basis for decision-making before an agreement is signed or relied upon.