Under an agreed separation of property, each spouse remains sole owner of the property they brought into the marriage or acquired themselves – there is generally no claim to compensation.
If the prenuptial agreement contains only modified provisions, such as the exclusion of certain assets from the equalization of accrued gains, a precise legal review is required to determine which properties are affected.
Regardless of the matrimonial property regime, a valuation report may still become necessary, for example to quantify compensation claims for value-enhancing investments made by the other partner.
Even under separation of property, an appraisal report can be worthwhile in order to quantify the value of any joint investments or a stake based on the principles of the so-called marital internal partnership (Ehegatteninnengesellschaft).
A prenuptial agreement should therefore always be available in its original form and examined in detail before deciding on the necessity and scope of an appraisal report.
Please note: the content of this article is provided for general information only and does not constitute legal, tax, financial or investment advice. It is not a substitute for individual advice from a licensed lawyer, tax adviser or financial adviser. Despite careful research, we accept no liability for the accuracy, completeness or currency of the information provided. For specific legal or tax questions, please consult a qualified professional adviser.