Family law

Prenuptial agreement / Marriage contract

Spouses can make arrangements in a prenuptial agreement regarding, among other things, the property regime concerning their assets in which they wish to live during the marriage; but they can also make precautionary arrangements in the event of a possible later breakdown of the marriage (e.g. regarding maintenance, equalization of pension rights, marital property) in order to avoid lengthy legal disputes in connection with the divorce in the event of separation.

However, even after a separation, arrangements regarding concrete consequences of separation and divorce can be made in a separation or divorce settlement agreement.

If you do not already know exactly, for example, that you only want to exclude the equalization of pensionsrights (i.e. the equalization of the pension rights acquired by both spouses during the marriage, which would otherwise have to be carried out ex officio by the family court in every divorce proceeding) for an upcoming divorce proceeding, it is usually advisable - unless both spouses have already been advised by a lawyer - to arrange a preliminary meeting in which the possible arrangements in a prenuptial agreement or a separation or divorce settlement agreement can be discussed. a separation or divorce agreement for your specific marital situation will be discussed in detail.

In a further appointment - after preparation of a draft sent to you in advance - the notarization of the desired regulations would then take place.

For the subsequent preparation of the draft contract, we require, among other things the personal details of the parties involved (name, address, date of birth, place of birth), the date of marriage (if already known), for separation and divorce agreements the date of separation and whether divorce proceedings are already pending or imminent, whether children have been born of the marriage and their ages; For maintenance arrangements, we need information on the net income of both spouses; for arrangements on the matrimonial property regime, we need information on the assets of the spouses; for arrangements on the equalization of pensions, we need information on the pension entitlements earned during the marriage (if specific information is available from the individual pension insurance institutions, then this information; otherwise, if possible, the annual information from the pension insurers, in each case from the year of the marriage and the most recent notice issued).

The best thing to do is to call us and arrange a preliminary meeting in which you will provide us with the necessary information, or you can send us an e-mail in which you briefly summarize what is important to you and give us a telephone number where we can call you back to arrange a meeting.

Acknowledgment of paternity / declaration of custody

If the child's parents are not married to each other, then by law the child's mother has sole custody, so the biological father can only obtain his legal status as father by acknowledging paternity.

Pursuant to Section 1597 a of the German Civil Code (BGB), we may not certify acknowledgments of paternity where there are indications that the acknowledgment is intended solely to create a residence status without the father actually being the child's natural father.

If the parties involved neither live together nor wish to exercise joint custody of the child - which is always in the best interests of the child - then we have indications that the recognition could be abusive.

Therefore, in the case that the certification of joint custody is not desired, we ask for a more detailed description of the living conditions. Did the parties separate and if so, when? Why should the father not take care of the child (even in case of separation)?

In order to prepare for an appointment to notarize the acknowledgement of paternity as well as joint custody, we need the following in advance:

  1. copies of identity documents (or passports) of the father and mother;
  2. information about the expected date of birth of the child; if the child has already been born, we need a copy of the birth certificate or birth certificate;
  3. information on whether the mother is single or married to another man. If there are ongoing divorce proceedings, please let us know.

In the case of participation by persons who do not have German citizenship, we also require:

  1. information on how long the child's mother has had her habitual residence in Germany;
  2. all nationalities of mother and father;
  3. information on the residence status and copies of the relevant documents.

Within the framework of the notarization of joint custody, the determination of the surname can also be made. If you do not want the name to be specified in the document, please note that the name should be specified in accordance with § 1617 of the German Civil Code (BGB) within one month of the birth, otherwise the court will assign the right to determine the name to one of the parents.

The surname of the first joint child must also be the surname of all further children in accordance with § 1617 Para. 1 No. 4 BGB.

Please let us know whether the parties involved are all sufficiently proficient in German or whether the document must be translated into English. This can be done by the notary.

If the parents do not speak and understand German or English sufficiently, an interpreter would have to be called in. If this is the case, please also send us his or her copy of identification. The interpreter does not have to be sworn in generally, but must not be related to either the father or the mother.

Please also send us a telephone number where we can reach you to clarify any queries or to make an appointment.

There are notary fees of € 112.81 when the notary has to translate the deed into English. Otherwise € 87,11 when no translation is nescessary or you organize an interpetreter. The fees must be brought to the notarization appointment in cash.

The provision of the required documents constitutes an order to produce a draft for which a fee is charged.

How to get to us

Anfahrt - Jens Michaelis - Notar | Rechtsanwalt

By car

On the A 100 take exit 20-Tempfelhofer Damm, then head north on the B96 (Tempelhofer Damm/Mehringdamm) until you reach Mehringdamm (on the left approx. 100 m before the Mehringdamm/Gneisenaustr. intersection).

By public transport

Take the subway to U-Bhf Mehringdamm (U6/U7), then walk south on Mehringdamm to Mehringdamm 50 (approx. 300 m).

Alternatively, you can reach us by bus M19 (station U-Mehringdamm) or by bus 140 (station Yorckstr./Großbeerenstr.).

Directions PDF

Jens Michaelis - Notary | Lawyer

Mehringdamm 50 | 10961 Berlin

Tel.: 030 68 83 65 89 | Fax.: 030 7889 7245

notar[at]j-michaelis[dot]de (notary issues)

ra[at]j-michaelis[dot]de (lawyer issues)

Anfahrt Detail - Jens Michaelis - Notar | Rechtsanwalt