Jens Michaelis - Notar | Rechtsanwalt

Prenuptial agreement / Marriage contract

Acknowledgment of paternity / declaration of custody

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.

If, on the other hand, you already have a more precise idea of what you want to regulate in the prenuptial agreement, then, in order to speed up the matter, we can also dispense with a preliminary meeting and, on the basis of the above-mentioned information, a draft would then already be prepared and sent to you. Questions can then be clarified on the basis of the draft by e-mail or telephone and finally at the later notarization appointment.

If the child's parents are not married to each other, then the child's mother is entitled by law to sole custody, so that the biological father can only obtain his legal status as father through an acknowledgement of paternity.

Pursuant to § 1597 a of the German Civil Code, we may not certify acknowledgments of paternity where there are indications that the acknowledgment serves solely to create a residence status for one of the parties involved without the father actually being the biological father of the child.

If the parties involved neither live together nor wish to exercise joint custody of the child - which is always in the best interest 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 information in advance:

1. copies of identification (or passport) of the father and mother and the current residential addresses of both parents;
2. informations 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. informations 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 the German citizenship, we also require:

1. informations on how long the child's mother and father have each had their habitual residence in Germany;
2. all nationalities of the mother and father;
3. details of residence status and copies of the relevant documents;
4. details of when and where the parents got to know each other.

Within the scope of the notarization of joint custody, the name can also be determined with regard to the surname oft he child. Please also specify this. If you do not wish to specify a name in the document, please note that a name should be specified within one month of birth in accordance with Section 1617 of the German Civil Code (BGB), 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 common 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 approximately €92 for the notarization, which must be brought to the notarization appointment in cash. If it is necessary for the notary to translate the deed into English, the fees are approx. 118 €.

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

Notarization is only possible if a valid passport document with photo identification can be presented at the notarization appointment, such as an identity card, passport, residence permit, settlement permit.  

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).

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

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)