Prenuptial Agreement Experts: hw legal

Why is a prenuptial agreement a good idea?

Because you want to share everything—including the responsibility, in case things don’t go so smoothly. A prenuptial agreement is like an umbrella: You hope you’ll never need it—but you’re glad to have it. With a prenuptial agreement, you can make arrangements regarding property and spousal support even before the wedding. Prenuptial agreements also offer the opportunity to provide financial security for the person who will be primarily responsible for managing the household and caring for the children.

Does a spouse automatically receive custody of the other spouse’s “pre-marital” children?

No, custody of the children brought into the marriage remains the same as it was before the marriage. The stepparent is treated as a foster parent. The children of the other spouse are also not entitled to an inheritance.

Does the other spouse automatically become a co-owner of the property brought into the marriage?

No. Each spouse retains ownership of their own assets. The principle of separate property applies even during the marriage. These assets would be divided between the spouses only in the event of a divorce.

Do I need to make a will so that my spouse can inherit if something happens to me?

If the deceased leaves behind children or their descendants, the spouse inherits alongside them and receives one-third of the estate. If, however, there are no children or descendants, but the deceased’s parents or their descendants are still alive, the spouse inherits alongside them and, in this case, receives two-thirds of the estate.

If the marriage doesn't last after all: Do gifts between spouses have to be returned?

Gifts that spouses give to each other during the marriage are generally treated as joint property in the event of a divorce and are included in what is known as the “property subject to division.” This means that, upon divorce, they must either be divided or returned to the spouse who gave the gift. In contrast, gifts that a spouse receives from third parties (e.g., from parents or friends) are expressly excluded from the division of assets in a divorce and remain the sole property of the spouse who received them.