Separate Property Marriage Contract Guide: all Important Information for 2025

2025 is just around the corner – new developments and uncertainties are making the topic of separate property marriage contracts more relevant than ever for many couples.

More and more people are wondering how they can be legally and financially secure. A well-thought-out marriage contract with separate property protects assets, prevents disputes, and ensures clear conditions.

In our guide, you will learn everything important: from legal basics to costs and design, to common mistakes and individual tips. So you can make the right decision for 2025.

What Does Separate Property Mean in a Marriage Contract?

Separate property is a term often associated with the topic of marriage contracts. But what exactly is behind it? Anyone planning a separate property marriage contract should know the legal and financial implications. In the following sections, you will learn what separate property means in a marriage contract, how it affects your assets, what differences there are to other property regimes, and what legal requirements must be observed.

Definition and Legal Basics

Separate property means that the assets of the spouses remain legally completely separate. According to § 1414 BGB, this model is agreed exclusively through a marriage contract. Without a separate property marriage contract, the community of accrued gains automatically applies in Germany. This means that both partners retain their assets and there is no compensation if the marriage ends.

Through the marriage contract, couples can freely choose the property regime (§ 1408 BGB). If they opt for separate property, all assets – whether real estate, savings or company shares – remain in the sole possession of the respective partner. Statistically, only about 5–10% of couples in Germany choose this option. A separate property marriage contract is particularly relevant for entrepreneurs, patchwork families or in the event of a large difference in assets. The Separate Property in the Marriage Contract Guide also provides a detailed overview.

Effects of Separate Property on Assets

With a separate property marriage contract, each spouse remains the owner of their own assets – both before and during the marriage. In the event of a divorce, there is no automatic division of assets. This protects against liability for the other partner’s debts and ensures clear conditions.

A practical example: If one partner owns a company, it remains completely untouched in the event of a divorce. However, joint property, such as a joint house, must be regulated separately. Through the separate property marriage contract, there is no claim to the increase in assets of the other. This preserves the financial independence of both partners.

Separate Property vs. Community of Property vs. Community of Accrued Gains

There are three property regimes in Germany that couples can specify in the marriage contract: community of accrued gains, separate property and community of property. How do these models differ?

Model	Asset division	Frequency	Special features
Community of accrued gains	Compensation of accrued gains	Standard	Automatic without contract
Separate property	Strict separation	5–10%	Only with marriage contract
Community of property	Joint assets	Very rare	Complex administration

The separate property marriage contract offers advantages such as clarity and protection of one’s own assets. The community of accrued gains provides for compensation in the event of divorce, while the community of property combines all the assets of the partners. The choice depends on the individual life situation and the goals of the couple.

Legal Requirements and Limits

A separate property marriage contract must always be notarized, otherwise it is not effective. Freedom of contract allows individual agreements, but there are legal limits: The contract must not be immoral (§ 138 BGB) or unreasonably disadvantage one partner.

In the event of a divorce, the court checks whether the contract was designed fairly. If the separate property marriage contract contains ineffective clauses, this can jeopardize the entire contract. Therefore, legal advice is always recommended to avoid legal pitfalls and tailor the contract to your own needs.

Advantages and Disadvantages of Separate Property at a Glance

The decision for a separate property marriage contract brings many opportunities, but also risks. Anyone who knows the advantages and disadvantages can better tailor the marriage contract to their own needs. Here you will find the most important aspects at a glance.

Advantages of Separate Property

A separate property marriage contract protects one’s own assets in the event of divorce. Each partner remains the owner of their property, so companies, real estate or savings do not have to be divided. This is a strong advantage, especially for entrepreneurs.

• No liability for the debts of the other
• Clear ownership during the marriage
• Flexible, individual contract design possible

Especially in the case of large assets or patchwork families, separate property provides security. In this guide to marriage contracts and separate property you will find further practical tips and examples.

Disadvantages and Risks of Separate Property

But a separate property marriage contract also has pitfalls. There is no financial compensation if one partner accumulates less assets during the marriage. For example, if someone waives their own income for the sake of raising children, they will not receive a share of the accrued gains in the event of a divorce.

• Vulnerable partners may be disadvantaged
• Possible tax disadvantages in the case of inheritance and gifts
• No automatic participation in value increases

Therefore, everyone should carefully check whether separate property really suits their own life situation.

Typical Mistakes and Misunderstandings

Many believe that a separate property marriage contract automatically regulates all the financial consequences of a divorce. That is a mistake. Maintenance, equalization of pension rights and joint property must be agreed separately.

• Lack of legal advice can lead to ineffective contracts
• Tax implications are often overlooked
• Joint property remains a frequent point of contention

Professional advice helps to avoid typical mistakes and protect your own interests in the best possible way.

For whom is Separate Property Useful?

A separate property marriage contract is particularly suitable for entrepreneurs, self-employed persons and couples with a large difference in assets. It also brings advantages in patchwork families to specifically control inheritance claims.

• Ideal for people who want to maintain financial independence
• Useful for real estate ownership or company start-ups
• Advice is essential to find individual solutions

This is how the marriage contract can be optimally tailored to the personal situation and ensures clarity and security.

Procedure: how is Separate Property Agreed in the Marriage Contract?

The agreement on a separate property marriage contract follows a clear procedure based on transparency, legal certainty and individual adaptation. Each step is important to avoid later disputes and to make the contract legally secure. In the following, we will show you the typical procedure from consultation to implementation in everyday life.

Step 1: Consultation and Decision-Making

At the beginning is the individual analysis of the life situation. Both partners should speak openly about their goals, wishes and any concerns regarding the separate property marriage contract. Especially for entrepreneurs or patchwork families, expert advice from a family law attorney is advisable.

Many couples inform themselves online in advance, for example on Marriage contract in Switzerland, to get a first overview. In a joint discussion, the wishes of both partners are compared and initial questions about the separate property marriage contract are clarified. A rough cost estimate helps with further planning.

Step 2: Creation of the Marriage Contract

After the decision for a separate property marriage contract, the concrete drafting of the contract follows. A specialist lawyer or notary drafts the text in which the separate property is clearly defined as the property regime.

Additional agreements, such as on maintenance or equalization of pension rights, can be added individually. It is important that the contract is tailored to the life situation and checked for immorality. If you have questions about retirement planning or securing a partner, the separate property marriage contract should be designed with particular care.

Step 3: Notarization

The next step in the process of a separate property marriage contract is the notarization. Without this, the contract is not legally valid. The notary checks all contents, explains the contract to both partners in an understandable way and ensures the correct signing.

The costs for the notarization depend on the asset value of the spouses. The higher the assets, the higher the notary fees. For a separate property marriage contract with real estate or company shares, the fees can increase noticeably.

Step 4: Effectiveness and Storage

With the signing and notarization, the separate property marriage contract becomes effective immediately. Both partners receive a certified copy, which should be kept safe.

An entry in the property rights register is optional, but can provide additional security. Changes and adjustments are possible at any time, but must be notarized again. This keeps the separate property marriage contract always up to date, for example after the birth of a child or in the event of changes in assets.

Step 5: Implementation in Everyday Life and in the Event of Separation

After the conclusion of the separate property marriage contract, the property regime affects everyday life. Joint purchases, accounts and real estate should be clearly regulated to avoid misunderstandings.

In the event of a separation, there is no equalization of accrued gains, but maintenance and equalization of pension rights claims remain, unless they have been contractually excluded. Especially in the case of joint property, it is recommended to regulate the details precisely in the separate property marriage contract to avoid later disputes.

Costs, Fees and Tax Aspects of the Marriage Contract with Separate Property

The costs and tax aspects of the separate property marriage contract are a central topic for many couples. Anyone who plans ahead can avoid financial surprises and optimally adapt the contract to their own life situation. Here you will find a compact overview of fees, tax consequences and saving tips.

Notary Fees and Attorney Fees

The costs for a separate property marriage contract usually consist of notary and possibly attorney fees. The notary fees depend on the total assets of both partners. The higher the assets, the higher the fee.

Asset value	Notary fees (approx.)
up to €50,000	€500
up to €250,000	€1,000
up to €1 million	€2,000+

If legal advice is added, there will be additional costs. These are usually between €200 and €2,000, depending on the effort and complexity. Especially with real estate or company shares in the separate property marriage contract, you should expect higher fees.

Tax Implications of Separate Property

A separate property marriage contract brings some tax peculiarities with it. Unlike the community of accrued gains, certain advantages in inheritance or gift tax are eliminated. Especially with larger inheritances (over €500,000), this can lead to higher tax burdens.

Gifts and inheritances are often taxed more strictly in the case of separate property. The tax class and allowances remain the same, but the lack of equalization of accrued gains can be tax-disadvantageous. Individual tax advice is recommended to avoid unpleasant surprises. A detailed overview of legal and financial pitfalls is provided by Separate Property and Maintenance.

Cost Factors for Individual Regulations

The more individual agreements are made in the separate property marriage contract, the higher the costs can rise. Complex regulations, such as on maintenance, equalization of pension rights or for patchwork families, lead to more consulting effort.

Typical cost factors:

• Inclusion of real estate, company shares or foreign assets
• Individual maintenance or pension regulations
• Multiple contract drafts and change requests

Especially in patchwork constellations or with several children from previous relationships, sufficient time and budget should be planned for the contract design.

Possibilities for Cost Reduction and Tips

There are several ways to save costs on the separate property marriage contract. Get offers from several notaries and lawyers and compare the prices. Legal expenses insurance sometimes covers part of the consulting costs.

Practical saving tips:

• Use legal packages with fixed prices
• Check online platforms for standardized contracts
• Plan the contract in good time before the marriage

Anyone who plans early and is well informed can avoid unnecessary expenses and optimally design the separate property marriage contract.

Common Mistakes in Cost Planning

Many underestimate the total costs for a separate property marriage contract. Not only the initial consultation, but also later changes (e.g. after the birth of a child) can be expensive.

Common mistakes:

• No reserves for contract changes
• Lack of transparency about notary and attorney fees
• Overlooking tax follow-up costs

Make sure to plan all incurred fees and possible improvements from the beginning. This way, the separate property marriage contract remains a safe solution in the long term.

Scope for Design: Individual Adjustments and Alternatives to Separate Property

The design of a separate property marriage contract is far more than a standard contract. Every marriage is unique, which is why Swiss law offers plenty of room for individual adjustments. Anyone who concludes a marriage contract can specifically regulate the property regime and many other aspects, thus creating the basis for a fair partnership.

Additional Regulations in the Marriage Contract

A separate property marriage contract can be supplemented with many individual agreements. Regulations on maintenance, equalization of pension rights or retirement provision are particularly important. These can be specifically adapted to the life situation of the spouses.

For example, a compensation payment can be agreed if one partner gives up their profession for the family. Agreements for the event of illness or need for care are also possible. However, there are limits to freedom of contract: Immoral or strongly one-sided regulations are ineffective.

Well-founded legal advice is advisable to avoid legal pitfalls and ensure that the separate property marriage contract covers all important points.

Separate Property with Modified Regulations (“Modified Community of Accrued Gains”)

The separate property marriage contract does not always have to be absolute. Many couples opt for a so-called modified community of accrued gains. Here, for example, it can be stipulated that the equalization of accrued gains only applies in the event of divorce, but not in the event of death.

This is particularly interesting for entrepreneurs: The family business remains protected, while the spouse still receives financial compensation in the event of separation. This flexibility makes it possible to respond to different interests and asset situations.

A modified regulation in the separate property marriage contract thus offers tailor-made solutions and ensures more fairness.

Protection Clauses for Special Life Situations

Protection clauses for exceptional situations can be specifically built into the separate property marriage contract. For example, it can be regulated how to proceed in the event of prolonged illness, need for care or childcare.

Especially in patchwork families, it makes sense to make individual agreements to secure all those involved. A typical clause could provide that a partner receives compensation in the event of occupational disability.

Through such protection mechanisms, the separate property marriage contract becomes a real safety net that also covers unforeseen events.

Alternatives to Separate Property

There are several alternatives to the classic separation of property marriage contract. A modified community of accrued gains can serve as a compromise by enabling individual compensation arrangements. Community of property is also an option, but it is rarely chosen.

In addition, couples can ensure clarity through donation agreements or individual wills. For example, anyone who wants to precisely control the inheritance should take a look at inheritance in the will. This allows assets to be specifically inherited and conflicts to be avoided.

A separation of property marriage contract can be meaningfully combined with these alternatives to create customized solutions.

Frequent Points of Contention and how to Avoid Them

A frequent point of contention with the separation of property marriage contract is the regulation of joint property such as real estate or accounts. Clear agreements should be made here and everything should be recorded in writing.

Transparency about financial circumstances is essential to avoid misunderstandings. Retirement provisions and pension entitlements should also not be forgotten in the contract.

Early communication, openness and professional advice help to avoid pitfalls. In this way, the separation of property marriage contract becomes a reliable basis for a harmonious partnership.

Influence of Separation of Property on Maintenance, Equalization of Benefits and Inheritance

The separation of property marriage contract not only influences the financial circumstances, but also has effects on maintenance, equalization of benefits and inheritance law. Anyone who decides on this matrimonial property regime should be aware of the consequences for financial security and estate planning. The differences to other matrimonial property regimes become particularly clear in the event of separation or death. In the following, we will shed light on the most important aspects and give practical tips.

Maintenance Claims in the Event of Separation of Property

The separation of property marriage contract does not automatically affect the claim to spousal or child support. Maintenance claims remain in place in principle, but can be regulated in the marriage contract or even excluded within certain limits. A common misconception is that all financial obligations cease with the separation of property – this is not correct.

Couples often agree on individual arrangements in the contract, such as a waiver of maintenance in return for a compensation payment. However, such agreements are subject to judicial review. If one partner is unreasonably disadvantaged, the court can declare regulations invalid. According to statistics, maintenance regulations are included in approximately 20% of marriage contracts. If you are unsure, it is advisable to seek legal advice, such as that offered on the family law and separation page.

Equalization of Benefits and Retirement Provision

There are also important points to consider regarding the equalization of benefits in the event of separation of property marriage contract. Although the equalization of benefits – i.e. the division of pension entitlements – is generally retained. Nevertheless, spouses can make individual agreements in the marriage contract, such as a partial or complete exclusion, provided both agree and no gross disadvantage arises.

Instead of dividing the pension, a one-off compensation payment is often agreed. This is particularly useful if one partner was predominantly employed during the marriage and the other took care of the family. However, there are limits: the equalization of benefits must not be completely excluded if one partner is particularly in need of protection. Professional advice helps to find fair solutions and avoid later disputes.

Inheritance Law Consequences of Separation of Property

The separation of property marriage contract significantly influences the inheritance quota and compulsory portion claims of the spouses. In contrast to the community of accrued gains, there is no flat-rate equalization of accrued gains in the event of death. This means that the surviving spouse generally receives a smaller share of the inheritance. This can result in tax disadvantages, especially with larger assets, as certain allowances are no longer applicable.

Example: If a spouse dies, the entire estate is transferred to the heirs according to the statutory quota, without equalization of accrued gains. In order to avoid disadvantages, a will or inheritance contract is recommended in order to make individual arrangements. Targeted estate planning is particularly advisable in the case of patchwork families or unequal financial circumstances.

Practical Examples and Scenarios

A separation of property marriage contract is particularly useful for entrepreneurs or self-employed people who want to protect their business assets. In practice, the provision for the spouse is often secured in other ways, such as compensation payments or life insurance policies.

In patchwork families, the separation of property enables the inheritance to be specifically controlled and conflicts between biological and stepchildren to be avoided. Couples with very different assets often combine the marriage contract with an individual inheritance arrangement in order to protect both sides. In this way, the matrimonial property regime can be optimally adapted to the respective life situation and disputes can be avoided in an emergency.

FAQ: the most Frequently Asked Questions about Separation of Property in the Marriage Contract 2025

Do you have questions about the separation of property marriage contract? Here you will find compact answers to the most important topics relating to the marriage contract with separation of property in 2025.

When does a marriage contract with separation of property make sense?
A separation of property marriage contract is particularly worthwhile for entrepreneurs, self-employed people or in the event of a large difference in assets. Patchwork families also benefit from clear asset rules.

Can the separation of property be changed retroactively?
Yes, a separation of property marriage contract can be adjusted or cancelled jointly at any time. However, a renewed notarial certification is required.

How does separation of property affect taxes and inheritance?
Due to the separation of property, there is no equalization of accrued gains, which can lead to tax disadvantages in the case of inheritances or gifts. More on this can also be found in the overview of separation of property in Germany.

How much does a marriage contract with separation of property cost?
The costs depend on the assets of both partners. Typically, the notary fees are between 500 and 2,000 euros, more in complex cases.

Does the maintenance claim remain in place?
Yes, maintenance obligations remain in place, even if a separation of property marriage contract has been concluded. However, they can be regulated individually in the contract.

Can a marriage contract be different for Switzerland and Germany?
Yes, as matrimonial property law differs in both countries, country-specific advice is recommended. If in doubt, an expert in international family law should be consulted.

What happens with joint property?
Joint property, such as a house, must be regulated separately in the separation of property marriage contract. Without a clear agreement, co-ownership rules apply.

What role does the notary play?
The notary checks the contract, clarifies the consequences and ensures legal effectiveness. Without notarial certification, the separation of property marriage contract is not valid.

How often are marriage contracts with separation of property concluded in Germany?
According to statistics, only about 5-10% of all couples opt for a separation of property marriage contract.

What are the most common mistakes in contract design?
Typical mistakes are missing individual adjustments, no regulations on joint property and missing advice. In the event of a dispute, a divorce lawyer can help.

What alternatives are there to pure separation of property?
Alternatives are the modified community of accrued gains or individual agreements in the marriage contract to create compensation and flexibility.

How can you protect yourself legally?
Comprehensive advice from a specialist lawyer and regular updating of the separation of property marriage contract offer optimal protection.

What to do in case of a dispute about the marriage contract?
In the event of disagreements, mediation or the support of a specialized lawyer can help to find a fair solution.

How long does it take to create a marriage contract?
From consultation to signing, it usually takes two to six weeks, depending on the need for coordination and the complexity.

Which documents are required?
Important documents are identity cards, asset overviews, land register excerpts and proof of debts or real estate ownership.

You have now read the most important information about separation of property and marriage contract for 2025 – from legal basics to concrete tips for your individual situation. Perhaps you are currently facing a decision, would like to protect your partnership or have specific questions about costs and design. Professional support is worth its weight in gold for such topics. Via GETYOURLAWYER you can describe your situation anonymously and quickly receive non-binding offers from experienced specialist lawyers. This is how you find the right solution for you – transparent, safe and on an equal footing. Start your request very easily here:
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