Legal Marriage Separation Agreement Template for Austria

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Key Requirements PROMPT example:

Legal Marriage Separation Agreement

"I need a Legal Marriage Separation Agreement under Austrian law for a couple with substantial international assets, including property in Germany and Switzerland, plus arrangements for their joint medical practice in Vienna, with the separation to take effect from March 1, 2025."

Document background
The Legal Marriage Separation Agreement is a crucial document in Austrian family law that provides a structured framework for couples who wish to separate legally without pursuing immediate divorce. This agreement is particularly relevant when couples need time to consider their future options, maintain certain benefits of marriage, or have religious or personal reasons for not seeking immediate divorce. The document addresses all aspects required under Austrian law, including property division, financial arrangements, spousal support, and child-related matters if applicable. It must comply with the Austrian Civil Code (ABGB) and Marriage Act (Ehegesetz), requiring careful consideration of legal requirements and formal documentation. The agreement serves as a binding contract that protects both parties' interests while establishing clear guidelines for their separation period.
Suggested Sections

1. Parties: Identification of both spouses including full legal names, addresses, and personal identification numbers

2. Background: Brief history of the marriage including date and place of marriage, current living situation, and reasons for separation

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

4. Date of Separation: Official date of separation and its legal implications

5. Living Arrangements: Details of separate residences and any temporary living arrangements

6. Division of Property: Comprehensive arrangement for division of matrimonial property, including real estate, vehicles, and personal belongings

7. Financial Arrangements: Details of financial separation, including bank accounts, investments, and debt allocation

8. Maintenance and Support: Arrangements for any spousal maintenance or support payments

9. Tax Matters: Agreement on tax filing status and allocation of tax liabilities

10. Insurance and Benefits: Arrangements regarding health insurance, life insurance, and other benefits

11. Future Conduct: Agreement on mutual respect and behavior during separation

12. Dispute Resolution: Process for resolving any future disputes regarding the agreement

13. Legal Costs: Allocation of legal costs and expenses related to the separation

14. Governing Law: Confirmation that the agreement is governed by Austrian law

15. Execution: Signing requirements and effective date of the agreement

Optional Sections

1. Child Custody and Access: Required if the couple has children - details custody arrangements, visitation schedules, and parental responsibilities

2. Child Support: Required if the couple has children - details financial arrangements for child support

3. Business Interests: Required if the couple has joint business interests - details the division or management of business assets

4. Inheritance Rights: Optional section addressing any inheritance rights or expectations

5. International Assets: Required if the couple has assets in multiple countries - addresses cross-border property and financial arrangements

6. Pets and Animals: Required if the couple has pets - details custody and care arrangements for pets

7. Religious Requirements: Optional section addressing any religious aspects of the separation

8. Social Media and Privacy: Optional section covering agreements about social media behavior and privacy during separation

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all matrimonial assets and their agreed values

2. Schedule B - Debt Schedule: Comprehensive list of all joint and individual debts and their allocation

3. Schedule C - Property Documentation: Copies of property titles, valuations, and transfer documents

4. Schedule D - Financial Accounts: List of all bank accounts, investments, and financial products

5. Schedule E - Child Arrangements: Detailed parenting schedule and specific arrangements for children

6. Schedule F - Insurance Policies: List of all insurance policies and their disposition

7. Appendix 1 - Marriage Certificate: Copy of the original marriage certificate

8. Appendix 2 - Property Valuations: Independent valuations of significant assets

9. Appendix 3 - Financial Statements: Recent financial statements and tax returns

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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