Is it possible to set up a marriage contract retrospectively? That's what the expert says

ChroniquesDuVasteMonde.com user Susanne (name changed) would like to know:

"It's about the question of how we (married for 7 years) provide for the case of a (hopefully never pending) divorce. We got married without a marriage contract. Before the marriage, I got a two-family house as a gift. It is still paid from the rental income, but we live in one half of the house, without paying rent. However, the inheritance that my husband can expect (hopefully in the distant future) would come to both of us (I think within the scope of the normal gain community). (...)
Where do we go if we want to set up a marriage contract in retrospect or to get advice on how we want to regulate our ownership? To a notary, a lawyer for family law? (...)
Actually, I would like to give him as a gesture the second half of the house as security, should we divorce. (...)
Am I naïve that I would like to do anything about it and not simply keep all the property I have been given? Or should you divide it all, everyone gets half and has to pay the other?
Best regards, Susanne (who loves her husband very much and hopes the marriage will last a lifetime) "

That advises the divorce lawyer

Ines Daun, born in 1966, is a specialist lawyer for family law. In 1995 she founded her own law firm; Since then, she has experienced all sorts of client separations. In conversation with ChroniquesDuVasteMonde.com she talks about her experience as a divorce lawyer? and gives women advice on mate choice.

Even more tips and humorous anecdotes reveal Ines Daun in her book: "Dear love long," Eden Books, 16.95 euros, ISBN: 978-3-95910-155-4. By the way, she is married for the second time.

Ines Daun, specialist lawyer for family law from Nuremberg:

"A marriage contract can be set up before the wedding ? or even during the existing marriage. Basically, a marriage contract is notarised by a notary, as for example a land purchase contract. As a lawyer, marriage contracts are actually one of my main activities. I present my client with the legal situation with and without a marriage contract? then most of the time the blow hits. The economic realities are for the most part unaware.
It always depends, as here, on the specific case. The details you would have to discuss with a lawyer: Have you invested your money saved in the house? Do you have a joint loan with the bank? Who would stay in the house after the divorce, who will move out?
In addition, the worst case would be if you work and thus pay into the pension fund, but your husband is self-employed and therefore does not pay anything. In the course of the pension equalization you then have to give away from your 600 euros monthly pension, for example, 300 to your husband. All these things you discuss with your lawyer, who then makes a draft contract for your partner. He has to agree? So that can be something back and forth. Then the draft has to become a notary public and only when all parties say 'that suits us' will he be certified by the notary. Basically, you can fix everything? You should only seek advice. "

Further information on the subject we have compiled for you here: The most important facts about the marriage contract.