Marriage Contract in Germany

We continue our series of reviews on family law in European countries and will examine the difference between Ukrainian possibilities and German restrictions that couples may encounter.

Cost of Marriage Registration in Germany:

1. In Germany, the cost of getting married depends on the state (region) and the day of the week. On average, on a weekday, the registration cost at the German Civil Registry Office (Standesamt) ranges from 50 to 100 euros, while on Saturdays, the cost may be higher. This fee is for registration. The cost of marriage registration in Ukraine is 0.85 hryvnias, which is an administrative fee.

2. The average cost of drafting a marriage contract in Germany includes the services of a lawyer and a notary. For German lawyers, there is a rule to charge fees based on the value of the service, in this case, the price of the marriage contract (Gesetz über die Vergütung der Rechtsanwältinnen und Rechtsanwälte).
How do lawyers determine the price of a marriage contract? They consider all the property owned by the future couple – cars, bank accounts. For example, if the bride has an apartment and a car with a total value of 100,000 euros, and the groom owns a property, a car, and a share in a business with a total value of 200,000 euros, the total value of their assets "before marriage" is 300,000 euros. The lawyer's fee is then calculated from this figure, amounting to 3,019.50 euros/121,838.77 hryvnias. If the value of assets is less, for example, 50,000.00 euros, the lawyer's fee is 1,163 euros/46,927.80 hryvnias.
The cost of a marriage contract in Ukraine is 30,000.00 hryvnias. German lawyers are more expensive, so it is advisable to conclude a marriage contract as early as possible because the couple's assets at the beginning of the marriage are not as significant.
If a couple decides to divorce without having a marriage contract, the incomes of each spouse are equalized. This means that the "pre-marital" assets remain with the one who acquired them, but half of the income must be transferred to the spouse who earned less during the marriage. Unlike Ukrainian legislation, this division is not based on the overall assets of the couple, but on the incomes of each spouse.
We anticipate that those living in Germany may have heard of "pension equalization," but this topic is very broad and requires a separate discussion during consultations.

3. Notarization of the marriage contract in Germany costs up to 1,000 euros/40,000 hryvnias, while in Ukraine, it is up to 300 euros/12,000 hryvnias.

Divorce in Germany.

1. Unlike Ukraine, in Germany, it is not possible to dissolve a marriage through the Civil Registry Office (Rathaus) – only through the court. An application for divorce must be filed with the Family Court (Familiengericht) at the place of residence. The complexity lies in the fact that it is impossible to independently file for divorce; it must be done with the assistance of a lawyer.
2. Cost of divorce in Germany.
   Court costs typically range from 450 to 800 euros on average. This means that each spouse will have to pay the court a fee ranging from 225 to 400 euros.
   The services of a lawyer in divorce cases will cost between 1,500 and 2,000 euros. If the divorce involves issues such as child custody, alimony, and property distribution, the expenses will increase accordingly.
3. Duration of divorce in Germany.
   In most cases, if a couple resides in Germany, the divorce will be conducted according to German law. The process may not be quick, but the presence of a marriage contract can expedite it.
   Additionally, the couple must endure a "year of separation" (Trennungsjahr), meaning a year of living separately before initiating the divorce process. If the marriage was contracted in Ukraine, and the couple wishes to divorce in Ukraine, the process may take 1-2 months.
   According to the Migrant Business UA portal, Germans have improved the statistics of divorce processes. Germans are choosing to marry at a more mature age, and the divorce process itself costs each spouse several thousand euros. This is cited as the reason for the decline in divorce statistics.

As a general rule, after divorce, the right to child custody (Sorgerecht) is retained by both parents. Upon request, the court may transfer Sorgerecht to one of the parents, but this does not result in the deprivation of the parental rights of the other. The parent to whom custody is granted can independently make decisions regarding the child's residence, travel abroad, medical treatment in case of illness, school selection, extracurricular activities, and more. In Ukraine, these matters can be regulated by a maintenance agreement and determining the child's place of residence.

German lawyers do not hide in their advice that a marriage contract is primarily a consideration for a potential future divorce. Germans themselves perceive it as similar to entering into a contract for home renovation or buying/selling a property—essentially, as a commonplace occurrence accompanying a person throughout their life. Ukraine has not yet formed a clear stance on marriage contracts. The reasons for entering into a marriage contract and how to discuss it with a close person can be found in our article on the website.
In the case of entering into a marriage contract, each partner is well aware of what they have, what they retain, and what they manage. Typically, a marriage contract is needed when one of the spouses owns shares, has their own business, or has accumulated assets that will grow in the future. To be candid, most people consider the proposal to enter into a marriage contract as a test of the sincerity of the other partner's feelings.

If a marriage contract is concluded in Germany, will it be valid in Ukraine? If a marriage contract is concluded in Ukraine, will it be valid in Germany?
Yes, it will. The marriage contract will be effective in both countries.
In Germany, a Ukrainian marriage contract will be effective if it meets the basic requirements of German law and is notarially certified (according to Article 11 of the Introductory Act to the Civil Code of Germany). Given that the requirements of Ukrainian and German law for the formalization of a marriage contract coincide, "our" marriage contracts will be effective in Germany.
In Ukraine, a "German" marriage contract will be effective under Part 1 of Article 59 of the Law of Ukraine "On Private International Law."

Now, onto legal matters.
For a Ukrainian citizen to enter into marriage in Germany, the following documents and actions are required:
01) Passport/International passport, as well as a certificate of registration in Germany (Meldebescheinigung).
02) Certified copy of the extract from the demographic register issued no more than 6 months ago, or a birth certificate.
03) Certified copy of the residence certificate (erweiterte Meldebescheinigung) issued no more than 14 days ago.
04) Certified copy of the divorce decree if you were previously married.
05) Ehefähigkeitszeugnis - certificate of eligibility for marriage. This document can be obtained from the German embassy. The validity of this document is 6 months.

Please note that all documents must be translated into German. The translation must be notarized, and all Ukrainian-language documents require apostille certification.

For entering into marriage and a marriage contract in Ukraine, for a NON-citizen of Ukraine, the following documents and actions are required:

1. One of the spouses can submit the application to the Registry Office (RAZS) if there is a power of attorney notarized to allow acting on behalf of the other person.
2. Both foreign and domestic passports should be provided with translations. Two copies of the translation for each passport are required: one with the translator's stamp and the other with the notary's stamp.
3. If the foreign national was previously married, a divorce certificate or court decision on divorce is required. These documents must also be translated into Ukrainian.
4. Immigration card (filled out when crossing the border). This document confirms the legality of stay in Ukraine or
   • A temporary/permanent residence permit. If a non-Ukrainian citizen has been in Ukraine for a long time, works, or has a business here, they should possess these documents, not just an immigration card. Therefore, when submitting an application to the Registry Office (RAZS), it is necessary to have a certificate from the State Migration Service confirming the receipt of these documents. Obtaining this certificate usually takes from 7 to 30 days.
   • In the case where it has been less than 6 months since the issuance of the foreigner's passport, it is necessary to additionally order a certificate of border crossing from the State Border Guard Service of Ukraine, which extends the document preparation time by 7 working days.

As we can see, registering a marriage with a foreigner in Ukraine and in Germany differs, and the latter involves more complex and lengthy procedures. In addition, in Ukraine, it is significantly simpler and cheaper to conclude a marriage contract.
If the time comes to part ways, divorce in Ukraine is also a faster and less costly process.

If you need comfortable and high-quality services, feel free to contact the Law Firm "Bakhmach and Partners." You will be assisted by top-tier lawyers who are familiar with all the nuances of family law. We provide comprehensive support when drafting a marriage contract, allowing clients to save time, peace of mind, and money.