Munich Divorce Expert Advocates for Prenuptial Agreements: Not a Sign of Distrust
Munich, February 21 – Dr. Doris Kloster-Harz, a highly experienced family law attorney in Munich, emphasizes the importance of prenuptial agreements, stating they are a practical precaution rather than a symbol of mistrust. Her insights, shared after assisting thousands of clients through both joyous unions and difficult divorces, highlight the legal implications of marriage beyond emotional commitments.
“Marriage is not just a promise, but also a legally regulated contract,” explains Dr. Kloster-Harz, whose expertise lies in inheritance and family law. She notes that the German Civil Code (BGB) dictates how assets, alimony, and pension entitlements are handled in the event of a divorce. “Those who wish to deviate from these statutory provisions must explicitly agree to alternative arrangements.”
Securing Assets in Expensive Munich: The Role of Prenuptial Agreements
The significance of prenuptial agreements is particularly pronounced in cities like Munich, where property values have escalated dramatically. “Properties purchased decades ago are often worth many times their original value today,” Dr. Kloster-Harz points out. “The statutory equalization of accrued gains divides this increase in value equally – regardless of who contributed or financed the assets. In a divorce, this can lead to a situation where a house has to be sold, even if its everyday use has not changed.”
A prenuptial agreement allows for individualized solutions, such as separation of assets, fixed compensatory payments, or adjusted alimony arrangements. “Even the equalization of pension rights, which involves the division of pension entitlements, can be structured differently,” says Dr. Doris Kloster-Harz.
Validity of Prenuptial Agreements: Fairness is Key
To ensure the fairness and legal standing of such agreements, German law mandates notarization. “Contracts that unduly disadvantage one party will not withstand judicial review,” the specialist attorney clarifies.
Therefore, Dr. Kloster-Harz concludes, “A prenuptial agreement is not a sign of distrust, but a pragmatic precaution – especially where assets, real estate, or differing life plans play a role.” This perspective encourages couples to address potential future scenarios proactively, fostering clarity and security for both partners.
Expert Insights from Dr. Doris Kloster-Harz
Dr. Doris Kloster-Harz has extensive experience in family law, having guided numerous individuals through complex legal processes. Her practice focuses on providing comprehensive advice on inheritance and family matters, ensuring that her clients’ interests are protected through legally sound and fair agreements.
The discussion around prenuptial agreements often carries a negative connotation, implying a lack of faith in the marital bond. However, Dr. Kloster-Harz’s professional opinion reframes this, presenting it as a responsible and forward-thinking measure. In a city where financial stakes are high due to booming property markets, such legal foresight can prevent significant financial distress and emotional turmoil during a divorce.
Her advice underscores the importance of open communication and mutual understanding between partners when considering a prenuptial agreement. It allows couples to tailor their financial and legal arrangements to their specific circumstances, rather than relying solely on the general provisions of the law, which may not always align with their individual needs or wishes.
By proactively addressing these aspects, couples can enter marriage with a clearer understanding of their financial future and reduce potential conflicts should their paths diverge. This approach fosters a sense of security and fairness, ensuring that both parties are treated equitably, irrespective of how their assets or careers evolve during the marriage.
Source: merkur.de
