Dear Customer,


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With prenups it depends on what they are about.





If wife support is excluded that may not be possible if as you say it is one- sided.

Then you can contest the prenup.


If a prenup excludes a pension scheme it may be contested as well


If a prenup includes the separation of the properties it cannot be contested .


If a prenup includes the separation of the properties every spouse is free to give away his or her assets



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Best



C. Schiessl
attorney-at-law

Dear Customer,

there is 3 different things you can exclude in a prenup


First it is the wife support when ill or when raising a child

Second it is the dividing of the pension scheme

Third it is the assets.


Number one and two are easy to contest as they are considered kind of core values.

Numbe 3 is different aks it is considered as not so important.


So prenups about the assests are hardest to contest.

This would only be possible if she did not sign the prenup out of her own free will, was deceived, threatened or was mentally unstable.



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No, it would only have effect if she signed away her claim for the pension scheme or wife support.

The sharing of the assest is just not as protected by the new jurisdiction


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Thank you

Dear Customer,


the Pflichtteil is the legal share of the inheritance.

It has nothing to do with the new court decisions which were all about family law ( wife support, pension schemes and so on) and were necessary because of a financial or structural imbalance between the two spouses that enabled one spouse to get the other spouse to sign

If she signed her legal share away which is only possible when notarized it can be contested only if she did not do it out of her own free will, but was forced, deceived or mentally unstable at the time she signed the contract.


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Dear Customer.

the legal share she can give away freely.

It is the wife support and the pension plan that cannot be signed away so easily.

The legal share is another matter altogether, because in the case of a divorce she would not get anything as well.

I `d strongly adivice her to take the marriage contract and let a family law lawyer see it because in order to say something definite you have to look through the contract




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