Florida Prenup With a German Spouse or Property in Germany: Ehevertrag, Zugewinngemeinschaft and Disclosure (2026)

By Nadia Pazos, Family Law Attorney, Pazos Law Group · Updated October 14, 2026

A German fiancé(e), an apartment in Munich or Berlin, shares in a family company in Germany, or a couple who married in Germany and now lives in Miami: each raises the question of how Germany’s marital-property rules and Florida law fit together. Pazos Law Group, a family law firm in Coral Gables serving Miami-Dade, Broward and Palm Beach counties, drafts and reviews Florida prenups and postnups for couples with ties to Germany, in English or Spanish: (305) 482-1262.

Two Systems, Two Formalities

• Florida: a premarital agreement “must be in writing and signed by both parties,” and “becomes effective upon marriage of the parties.” § 61.079(3), (5)
• Germany: “Die Ehegatten können ihre güterrechtlichen Verhältnisse durch Vertrag (Ehevertrag) regeln, insbesondere auch nach der Eingehung der Ehe den Güterstand aufheben oder ändern” (BGB § 1408(1)). “Der Ehevertrag muss bei gleichzeitiger Anwesenheit beider Teile zur Niederschrift eines Notars geschlossen werden” (§ 1410).
• Third parties in Germany: a change to the statutory regime can be raised against third parties only in the cases § 1412 sets out (for example, where the third party knew of the Ehevertrag) (§ 1412).

Watch a short answer: Can a Florida prenup cover assets in another country?

Which Law Governs the Property Regime?

Germany is one of the Member States in the enhanced cooperation behind EU Regulation 2016/1103 (recital 11). For spouses who marry, or choose a law, after 29 January 2019 (art. 69(3)), the Regulation lets them choose the law of a State where either of them is habitually resident, or of either one’s nationality (art. 22(1)), in a writing “dated and signed by both spouses” (art. 23(1)); without a choice, the law is that of the spouses’ first common habitual residence after the marriage (art. 26(1)(a)). For couples who married before 29 January 2019 and made no choice under the Regulation, Germany keeps applying its earlier conflict rules, including the former Article 15 EGBGB (Art. 229 § 47(2) EGBGB). A Florida prenup can include its own choice-of-law clause (§ 61.079(4)(a)7.); whether a German notary or court will give effect to it is a question for a lawyer in Germany.

The Default: Zugewinngemeinschaft

“Die Ehegatten leben im Güterstand der Zugewinngemeinschaft, wenn sie nicht durch Ehevertrag etwas anderes vereinbaren” (§ 1363(1)). Each spouse’s property does not become common property, but “der Zugewinn, den die Ehegatten in der Ehe erzielen, wird jedoch ausgeglichen, wenn die Zugewinngemeinschaft endet” (§ 1363(2)). The gain is the amount by which a spouse’s final assets exceed their initial assets (§ 1373); inheritances and gifts received during the marriage are added to the initial assets (§ 1374(2)); and the spouse with the larger gain owes the other “die Hälfte des Überschusses” (§ 1378(1)). If the spouses exclude the statutory regime, separation of property (Gütertrennung) applies unless the Ehevertrag says otherwise (§ 1414).

A contrast worth noticing: German law measures each spouse’s overall gain in value between the start and end of the regime (§ 1373). In a Florida divorce, the enhancement in value of a nonmarital asset that results from either spouse’s efforts during the marriage or from marital funds is marital (Fla. Stat. § 61.075(6)(a)1.b.), and “all income derived from nonmarital assets during the marriage” is nonmarital “unless the income was treated, used, or relied upon by the parties as a marital asset” (§ 61.075(6)(b)3.). Company shares and real estate in Germany are where the two systems can point in different directions, so the agreement should say how growth and income are treated.

At death, too. When the regime ends by death, the surviving spouse’s statutory share of the estate rises “um ein Viertel der Erbschaft” (§ 1371(1)). Florida has its own rules for waiving a surviving spouse’s rights (Fla. Stat. § 732.702); see a Florida prenup and your will.

An Ehevertrag Signed in Germany, in a Florida Divorce

• Florida is not a community-property state. § 61.075(8) states that the section does not “establish community property in this state”; Florida divides marital assets by equitable distribution.
• A written agreement controls classification. Assets “excluded from marital assets and liabilities by valid written agreement of the parties” are nonmarital (§ 61.075(6)(b)4.). A notarized Ehevertrag is a written agreement; the Zugewinngemeinschaft that applies by default under § 1363 is not one.
• Comity and public policy. Florida courts enforce foreign law “only to the extent called for under principles of comity,” and do not recognize it where it “would frustrate an established public policy of this state” (Gustafson v. Jensen, 515 So. 2d 1298, 1300 (Fla. 3d DCA 1987)).
• What to bring. A certified copy of the notarial deed and a certified English translation. More detail: enforcing a prenup or postnup in a Florida divorce.

Disclosing Assets in Germany

Florida’s unconscionability defense turns on whether the challenging party received “a fair and reasonable disclosure of the property or financial obligations of the other party,” waived further disclosure in writing, or had adequate knowledge (§ 61.079(7)(a)3.). For German assets, the schedules should give each property’s location and approximate value in dollars, any mortgage, company shareholdings, German bank and pension accounts, and income from them, with translations where a party does not read German.

Pazos Law Group advises on Florida law and does not give opinions on German law. Where property is in Germany or the couple married or will marry there, we coordinate with the client’s lawyer or notary in Germany so the Florida agreement and any Ehevertrag do not contradict each other.

Consultations in person or by video, in English or Spanish. Meet Nadia at our Coral Gables office or by video from Germany.

Frequently Asked Questions

Official Sources & Related Reading

• Bürgerliches Gesetzbuch (BGB) §§ 1363, 1371, 1373, 1374, 1378, 1408, 1410, 1412, 1414 — Gesetze im Internet, Federal Ministry of Justice (official)
• EGBGB Art. 229 § 47 — Gesetze im Internet (official)
• Regulation (EU) 2016/1103, recital 11 and arts. 22, 23, 26, 69 — EUR-Lex (official)
• Fla. Stat. § 61.079, Premarital agreements — Florida Senate
• Fla. Stat. § 61.075, Equitable distribution — Florida Senate
• Enforcing a Prenup or Postnup in a Florida Divorce
• International Prenups in Florida
• Is a Foreign or Out-of-State Prenup Valid in Florida?
• Florida Prenup With Italian Ties
• Esta página en español

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