Dear Mr. Morley,GERMAN LAW - INHERITANCE LAW. PLEASE ONLY ANSWER IS YOU ARE AN EXPERT IN THIS.My mother, a Danish citizen, but living in Germany for the last 30 years, is married to a German (for 26 years now). Before the marriage, my mother signed a prenup, basically signing all her rights to his vast estate away. She also gave up working, meaning that her pension is diminished. He wants to give his estate to his child (from former marriage) and his grandchild. However, we came across this article (see below) and it has given us hope. My mother has cared and been his sole care taker all these years.Pls. let us know if you can advise us on this and also, what your fee is.Best regards, XXXXX XXXXXGERMANY Prenuptial agreements are enforceable. However, Germany's Federal Court of Justice recently ruled that notarized prenuptial agreements that seriously disadvantage one party in a marriage could be deemed invalid. The judges stated that while, in principle, a contract may state that one of the partners has renounced his or her right to receive alimony, if the agreement is one-sided it would be morally unacceptable and could therefore be challenged. The court also ruled that a spouse is free to contest the contract in instances of imbalance where her partner's income has risen dramatically during the marriage because, for example, she was home caring for children.http://www.international-divorce.com/prenups_around_the_world.htm
Country relating to Question: Germany
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Dear Customer,thank you for using Just Answer.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 wellIf 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 assetsIf I have helped please click acceptBestC. Schiesslattorney-at-law
This is regarding property in Germany - her husband has several buildings/apartments. This is all relating to the court decision mentioned in my previous message. Can this, based on the court decision, be contested?
Dear Customer,there is 3 different things you can exclude in a prenupFirst it is the wife support when ill or when raising a childSecond it is the dividing of the pension schemeThird 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.If I have helped please click accept
So I take that that the link I sent you regarding the new court ruling would have no effect?
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 jurisdictionIf I have answered your question please click acceptThank you
This is what the thing is called she signed away: "Pflichtsteil". Can this be contested with the new court ruling? That's all we want to know and then we'll accept your answer. 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 signIf 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.I hope I was able to answer your questionClicking accept and giving me my accept Nr 221 would be greatly appreciatedThank you so much
yes, but she did not have any money when she signed and is now ONLY left with his pension and it is very unbalanced (he has many many millions) and she has nothing. They have been married for almost 30 years.
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 contractIf your question is answered please click accept
I don't think you have quite understood my question, which is why I haven't accepted the answer and why I must keep asking questions - sorry. This is NOT re. wife support or pension. This is regarding the document she signed before the marriage - the Pflichtsteil. We want to know if she has any hope of contesting the Pflichtsteil as she will not be given any money (apart from his pension) out of the will and will be left rather pennyless. Thank you.
Dear Customer,of course I have understood your questionThe couurt decision you have cited is about wife support and pension plans onlyNothing elseThe legal share ( Pflichtteil ) is a different matter altogether.It follows different rules.If she was of sound mind while signing it the chnaces of contesting it are slim.It can be nil and void if it is contra bonae mores, which is quite rareSo my advice is to let a lawyer look trough itSo as I have answered your queation pleasee click acceptThank you
More than 18 years of experience in practicing law
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