The right entrepreneur marriage contract

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Not every marriage lasts a lifetime. In the case of entrepreneurs, however, the business is often at risk in the event of divorce due to claims for equalization of gains and maintenance. Preserving it in the event of divorce is therefore vital for every entrepreneur.

Since hurt feelings and emotions play a decisive role in divorce proceedings in particular, the company not infrequently becomes the focus of the dispute in the context of the claim for equalization of gains. The value of the company as the basis for calculating the claim for equalization of gains is often the subject of dispute; company and real estate values have to be determined using expensive expert opinions. If no out-of-court agreement can be reached between the spouses on any equalization claims, companies are not infrequently exposed to considerable financial risks in lengthy and cost-intensive court proceedings, especially since the company values, as non-liquid assets, are not available as cash in the account.

In order to safeguard the company, it is therefore a must for every entrepreneur to conclude a prenuptial agreement "in good times". The aim here is to "wrap the company in absorbent cotton" and protect it.

To achieve this, various provisions are conceivable in the prenuptial agreement. For example, a waiver of the gain, the lump-sum equalization of gain claims or the setting of a maximum limit could be agreed. A very good means of structuring this is the so-called modified community of gains, whereby the business is excluded from the equalization of gains and thus the livelihood of the entrepreneur is protected.

Which agreements make sense and are legally effective should be coordinated and worked out with a family law specialist, taking into account the specific family situation and the case law of the Federal Supreme Court on the effectiveness control of marriage contracts.

Diana Wiemann-Große
Attorney at Law
Specialist lawyer for family law
Specialist lawyer for inheritance law

Pöppinghaus : Schneider : Haas Attorneys at Law PartGmbB
Maxstrasse 8
01067 Dresden
Phone 0351 - 481810

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