Marital Contract Deemed Disguised Divorce Settlement Requiring Judicial Approval

The appellate court classified a previously executed marital and inheritance contract concerning compensation under family law as a disguised divorce settlement requiring judicial approval under the relevant statute. The court reasoned that the contractual provision, despite referencing a statutory right to a discretionary sum, functioned as a condition subsequent tied to divorce or the husband's prior death, rather than a simple deferral of a liquidated debt or a genuine allowance for personal needs, thereby qualifying it as a Scheidungskonvention subject to mandatory court ratification. Ultimately, the court denied approval of the agreement due to its lack of clarity and apparent inappropriateness given the husband's demonstrable lack of liquid assets and existing debt obligations, directing the spouse seeking compensation to alternative maintenance claims.