A prenuptial agreement—commonly called a prenup—is a legal contract signed by a couple before marriage that outlines how finances, property, and potential support will be handled in the event of divorce or death. While often associated with high-net-worth individuals, prenups are increasingly used by couples of all backgrounds who want clarity, fairness, and control over their financial futures. These agreements can address a wide range of issues, from protecting family businesses and retirement accounts to deciding how future income or debts will be divided.
But what happens when a marriage crosses borders? For Americans living abroad—in countries like Germany—an important question arises: Will your U.S. prenup still hold up in a foreign legal system? The answer isn’t always straightforward. Different countries have different standards for enforceability, and couples with international ties need to be especially cautious when it comes to marital contracts. A prenup signed and considered valid in the United States does not automatically carry the same legal weight in another country. For Americans who marry German citizens or move to Germany after marriage, it’s essential to understand how German courts treat U.S. prenuptial agreements—and whether your financial and legal intentions will still be respected overseas.
The first major hurdle is that the U.S. and Germany operate under very different legal traditions. U.S. prenups are generally enforceable as long as they meet state-specific requirements—like full financial disclosure, no duress, and independent legal representation. In contrast, Germany places stricter formal and substantive requirements on marital agreements. German family law allows couples to deviate from the statutory default of “Zugewinngemeinschaft” (community of accrued gains), but such agreements must usually be notarized by a German notary and must not be grossly unfair (“sittenwidrig”) at the time they are enforced, not just when signed. That means a U.S. prenup could be disregarded by a German court if it fails to meet German standards—even if it was perfectly valid under U.S. law.
Another key factor is choice of law. Some U.S. prenuptial agreements include a clause stating which country’s or state’s laws should apply in the event of a dispute. While this clause may be honored in Germany, it is not guaranteed. German courts will still examine whether the agreement complies with mandatory German public policy. If the agreement leads to one spouse being left destitute or waiving core rights—such as spousal support or pension entitlements—it may be struck down. The same goes for any provisions involving future children, which German courts often view as non-binding in prenups.
This legal uncertainty can have major financial consequences for binational couples. For example, if an American entrepreneur marries in Florida, signs a prenup excluding the spouse from business assets, and later relocates to Germany, that agreement could be unenforceable if it isn’t adjusted to meet German legal requirements. Similarly, a prenup that limits alimony may be upheld in New York but invalidated in Munich. This is why cross-border couples must take proactive steps: consult legal professionals in both jurisdictions, have agreements reviewed or re-drafted, and consider executing a new notarized contract under German law when relocating.
At Urban Thier & Federer, P.A., we routinely advise clients on these complex international family law matters. With offices in both the U.S. and Germany, our team understands the legal nuances on both sides of the Atlantic. If you’re part of a binational couple, already have a U.S. prenup, or are planning to marry and live in Germany, we can help ensure your agreements are structured to stand the test of time—and legal scrutiny. Don’t wait until a divorce or dispute forces the issue. Cross-border legal planning is essential, especially when it comes to protecting your future.