The Marital Settlement Agreement is a crucial document in Austrian divorce proceedings, typically used when spouses agree to divorce by mutual consent (Einvernehmliche Scheidung). It becomes necessary when married couples decide to formally end their marriage and need to document their agreement on all relevant aspects of their separation. The document must adhere to Austrian legal requirements and typically includes comprehensive provisions for property division, financial arrangements, spousal support, and if applicable, child-related matters. This agreement is particularly important as it forms the basis for the court's divorce decree and requires judicial approval under Austrian law. It serves both as a current settlement document and as a future reference point for enforcing agreed-upon terms, making it essential for establishing clear, legally binding post-divorce arrangements.
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1. Parties: Full legal names and details of both spouses
2. Background: Information about the marriage, separation date, and intention to divorce
3. Definitions: Key terms used throughout the agreement
4. Divorce Proceedings: Agreement to proceed with divorce and related commitments
5. Division of Matrimonial Property: General principles and approach to property division
6. Financial Disclosure: Confirmation of full financial disclosure by both parties
7. Real Estate: Distribution and handling of real property
8. Personal Property: Division of household items, vehicles, and personal effects
9. Bank Accounts and Investments: Division of financial accounts and investment assets
10. Debts and Liabilities: Allocation of joint and individual debts
11. Pension and Retirement Benefits: Division of pension rights and retirement accounts
12. Spousal Maintenance: Terms of any spousal support arrangements
13. Tax Provisions: Handling of tax matters and obligations
14. Future Dispute Resolution: Process for resolving future disagreements
15. Implementation: Practical steps for implementing the agreement
16. Final Provisions: Governing law, severability, and entire agreement clauses
1. Child Custody and Access: Required if the couple has minor children - arrangements for custody, visitation, and decision-making
2. Child Support: Required if the couple has minor children - details of child support payments and arrangements
3. Business Interests: Required if either party owns business assets - handling of business ownership and interests
4. Inheritance Rights: Optional section addressing any inherited assets or future inheritance expectations
5. Insurance Arrangements: Optional section covering life, health, or other insurance policies
6. Pets: Required if the couple has pets - arrangements for pet custody and care
7. International Assets: Required if the couple has assets in multiple countries
8. Future Education Costs: Optional section for agreements regarding children's future education expenses
9. Religious Divorce: Required if the parties need to address religious divorce requirements
1. Schedule A - Real Estate: Detailed listing and description of all real estate properties
2. Schedule B - Personal Property Division: Comprehensive list of personal property items and their allocation
3. Schedule C - Financial Assets: Detailed inventory of bank accounts, investments, and other financial assets
4. Schedule D - Pension and Retirement Accounts: List of all pension and retirement accounts with division details
5. Schedule E - Debts and Liabilities: Comprehensive list of all debts and their allocation
6. Schedule F - Insurance Policies: List of all insurance policies and their disposition
7. Schedule G - Business Assets: Detailed description of business assets and their valuation
8. Schedule H - Children's Arrangements: Detailed parenting schedule and specific arrangements for children
9. Appendix 1 - Financial Disclosure Statements: Sworn financial statements from both parties
10. Appendix 2 - Valuation Reports: Any professional valuation reports for significant assets
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