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

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

• A marriage contract allows you to cancel or change the statutory matrimonial property regime of community of accrued gains.
• The notary must notarize your marriage contract.
• You can have the agreed matrimonial property regimes of separation of property and community of property or their annulment entered in the matrimonial property register.
• You can also restrict or exclude your spouse's entitlement to enter into transactions on your behalf.
• The application must be made by you and your spouse in notarized form
• The entry is necessary so that others can take note of your matrimonial property regime and the arrangements made.

Notary or notary public

• locally competent district court in whose district one of the spouses has his or her habitual residence

You have concluded a marriage contract with a notary because you wish to cancel or change the statutory matrimonial property regime of community of accrued gains. Your chosen matrimonial property regime can be registered if you

• apply for registration in notarized form at the matrimonial property register and
• submit the notarized marriage contract.

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

• Notary fees: The costs for the notarization of the marriage contract and the registration by a notary are determined in each case according to the current assets of both spouses (§ 100 Court and Notary Fees Act (GNotKG))

• Court fees: Fee for entry in the matrimonial property register: fee of €100 (No. 13200 KV GNotKG)
• Costs for the publication of the entry in the newspaper

None

Once the application has been received by the competent local court, a processing time of approx. 2 weeks can generally be expected.

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

None

25.09.2020