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Lawyers for prenuptial agreements

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Toytown Germany > Discussion forum > South Germany > Munich > Life in Munich
leahcim
Hallo TT!

My fiance and I need to do a pre-nup sometime in the next 3 weeks. Just found out from the tax adviser that the forms we have are worthless here. He said we really should see a lawyer. Does anyone know of a lawyer that works in this area of law? Thanks!

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Gen
we went to my hubby's family lawyer in Würzburg, so no recommendation from me either, but don't forget: it doesn't have to be PRE to be a NUP agreement. We were married a year and a half ago and got our nuptial agreement last week. There aren't any "forms" for it either, a notary draws it up, and they have standard formulations for standard stuff. More or less a flat fee too, and the notary should be able to tell you in advance what a standard prenup (or postnup) will run you. All notaries are qualified to be lawyers too, and as it's a license to print money, the people will the best grades on the law exam often choose to become notaries instead of practicing law...
Jimbo
hehe - like me! It's not more or less flat, the Kostenordnung means that we do indeed charge as the law allows - the cost should be the same to within one or two Euros all over Munich...
I'm not gonna recommend myself 1. because I'm English qualified, not German and 2. because I leave in three days, but I can recommend my boss - Dr. Beate Kopp - she also speaks fluent English if that's an issue for you and is conveniently located for Gunther Murphys at Leopoldstr. 18.
PM me for more details.
Oh, and @ Gen - to qualify as a notary you do an entirely separate qualification here - once you've got that though u know a lot of the stuff u need to know to be a Rechtsanwalt (attorney)...I could go into detail but it's very dull.
Gen
(ahem)
to become a notary in Germany you do an additional qualification after you've completely finished regular law studies with both state exams, which is all the exact same as what a lawyer does.

The fee for an Ehevertrag (and for all kinds of other contracts that notaries do) is based proportionally on the monetary worth of the contract, not on the length of the contract or how many special clauses you have (that means adding a paragraph about how "the wife must always do the dishes and the husband must always cook" will not make your contract more expensive). So our notar assumed that we had 20,000 Euros worth of property and our fee was 144 Euros, 174,58 total including postage and typing. Which are also prices set by law. Pretty nice system really. smile.gif
Jimbo
Not if you want to buy a house it's not.
And if your Notary for some reason decides you're minted and worth 100k it would cost 414 yoyos + other bits and bobs. Oh, and if you require the 'Beurkundung' in English as well that'll cost you about 30 or 50 Euros on top.
Gen
I've been misunderstood!

Instead of "all kinds of other contracts", which (honest!) doesn't mean "all contracts", I'll say "multitudes of other contracts". Even though it's not as informal and emphatic as I wanted to be, but sometimes the thesaurus doesn't offer you exactly what you want.

Happy now Jimbo? tongue.gif
Jimbo
No, I meant it isn't a nice system if you want to buy a house! It does apply to ALL contracts!
leahcim
Appreciate all the input! My fiance talked with a lawyer today that was recommended to him by his tax adviser. Apparently, because I am an American and my fiance is German, there are going to be problems getting a pre-nup done. The lawyer can't do the consultation in English, and although I do okay with Deutsch, it's not good enough to understand legal terms. Therefore, we have to have a lawyer who can speak both German and English. Then there is the problem of the contract not being valid in the US. If we do it in the US, it's not valid in Germany. I don't know all the details of the conversation yet, but will find out tonight. What a royal pain in the arse!!
Jimbo
As I said, my boss speaks English fluently and so will happily do the contract bi-lingually for you - if you want her to do it then PM me...
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