4 Can or must the matrimonial property regime be registered?

4.1. Do one or more matrimonial property registers exist in your country? Where?

In Germany the so-called “Register of Matrimonial Property Regimes” is run by the regional courts [i.e. of the states or ‘Länder’].

4.2. Which documents are registered? Which information is registered?

Provisions departing from the community of accrued gains as the statutory matrimonial property regime as well as the application of a foreign matrimonial property regime may be recorded in this register.

4.3. How and by whom can the information in the register be accessed?

This register is public and may be consulted by any interested party.

4.4. What are the legal effects of registration (validity, opposability)?

The validity of the marriage contract does not depend on its entry in the register. However, in order to rely on a contractually defined matrimonial property regime or a foreign matrimonial property regime vis-à-vis a third party, it is necessary, pursuant to § 1412 BGB (if applicable, in conjunction with art. 16 par. 1 EGBGB), to have the marriage contract registered with the Register of Matrimonial Property Regimes.