Controlled Separation Contract Template for Austria

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Key Requirements PROMPT example:

Controlled Separation Contract

"I need a Controlled Separation Contract under Austrian law for a 6-month trial separation starting March 1, 2025, including provisions for shared custody of two minor children and the temporary division of our family business operations."

Document background
The Controlled Separation Contract is a crucial legal instrument in Austrian family law, designed for couples who wish to formally separate without immediately pursuing divorce proceedings. This document becomes relevant when married couples need a structured framework for their separation period while keeping future reconciliation options open. The agreement typically includes comprehensive provisions for financial arrangements, living situations, asset management, and if applicable, child custody and support arrangements. Under Austrian jurisdiction, this contract type provides legal protection for both parties while maintaining the marriage's legal status, making it distinct from divorce agreements. The document must comply with the Austrian Civil Code (ABGB) and related family law regulations, often requiring notarization to ensure legal validity.
Suggested Sections

1. Parties: Identification and details of both spouses entering into the separation agreement

2. Background: Brief history of the marriage, date of separation, and reasons for entering into this agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Duration of Separation: Specified period of separation and conditions for extension or termination

5. Living Arrangements: Details of physical separation and living arrangements during the separation period

6. Financial Arrangements: Division of income, expenses, and financial responsibilities during separation

7. Property Division: Temporary arrangement regarding marital property during separation

8. Debt Allocation: Assignment of responsibility for existing debts and future financial obligations

9. Bank Accounts: Management of joint accounts and financial instruments during separation

10. Communication: Agreed methods and protocols for communication between parties

11. Reconciliation Attempts: Provisions for attempting reconciliation, including counseling requirements

12. Legal Status: Legal implications of the separation and relationship to potential future divorce proceedings

13. Governing Law: Confirmation of Austrian law as governing law and jurisdiction

14. Modification: Process for modifying the agreement terms

15. Severability: Standard clause ensuring remainder of agreement stays valid if any part is found unenforceable

Optional Sections

1. Child Custody and Access: Required if the couple has children - arrangements for custody, visitation, and decision-making regarding children

2. Child Support: Required if there are children - details of financial support for children during separation

3. Spousal Support: Include if one party will provide financial support to the other during separation

4. Pet Care: Include if the couple has pets requiring care arrangements

5. Business Interests: Include if either party has business interests that need to be addressed

6. Insurance Arrangements: Include if there are joint insurance policies requiring attention

7. Household Items: Include if temporary division of household items needs to be specified

8. Vehicle Usage: Include if there are shared vehicles requiring usage arrangements

9. Holiday Arrangements: Include if specific arrangements for holidays need to be made, especially relevant with children

10. Social Media and Privacy: Include if specific agreements about social media posting and privacy are needed

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all marital assets and their current status

2. Schedule B - Debt Inventory: Comprehensive list of all current debts and liabilities

3. Schedule C - Monthly Budget: Detailed breakdown of monthly expenses and financial obligations

4. Schedule D - Child Custody Schedule: Detailed calendar and arrangements for child custody and visitation

5. Schedule E - Property Inventory: Detailed inventory of household items and their temporary allocation

6. Appendix 1 - Financial Statements: Recent financial statements of both parties

7. Appendix 2 - Property Valuations: Professional valuations of significant assets if required

8. Appendix 3 - Children's Schedule: Detailed schedule of children's activities and responsibilities if applicable

9. Appendix 4 - Communication Protocol: Detailed guidelines for communication between parties

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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