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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.