Entry in the register of property regimes after conclusion of a marriage contract

If you have concluded a marriage contract, you can have the selected matrimonial property regime entered in the matrimonial property register.

Through a marriage contract, you can abolish or change the legal matrimonial property regime of the community of gains. To do this, please seek advice from a notary. The notary must certify your marriage contract in the presence of both spouses at the same time. You can have the agreed property regimes of the separation of property or the community of property or their abolition entered in the matrimonial property register. Furthermore, you can limit or exclude your spouse's eligibility to obtain business with effect for you. The application must be submitted by you and your spouse in notarized form The registration is required so that others observe your matrimonial property regime and the regulations made.

  • Notarized marriage contract
  • notarized application of both spouses
  • Marriage certificate

None

Preconditions

You have concluded a marriage contract with the notary because you want to abolish or change the legal matrimonial property regime of the community of gains. An entry of your chosen matrimonial property regime can take place if you

  • apply for registration in notarized form with the register of property rights and
  • present the notarized marriage contract.

Related Links

  • § 1560 Civil Code (BGB)
  • § 1412 Civil Code (BGB)
  • § 1357 paragraph 2 of the German Civil Code (BGB)
  • § 382 Act on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)

If you would like to conclude a marriage contract, please contact a notary.

  • Through a marriage contract, you can abolish or change the legal matrimonial property regime of the community of gains.
  • The notary must notarize your marriage contract.
  • You can have the agreed property regimes of the separation of property and the community of property or their abolition entered in the register of property rights.
  • Furthermore, you can limit or exclude your spouse's eligibility to obtain business with effect for you.
  • The application must be submitted by you and your spouse in notarized form
  • Registration is required so that others observe your matrimonial property regime and the regulations made.

Responsible for the content
Lower Saxony Ministry of Justice

Last update or date of publication
10.11.2020