Marriage Settlement Agreement Template for Austria

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Key Requirements PROMPT example:

Marriage Settlement Agreement

"I need a Marriage Settlement Agreement under Austrian law for a separating couple with property in both Austria and Germany, including provisions for the division of a holiday home in Salzburg and investment accounts in both countries, to be finalized before March 2025."

Document background
A Marriage Settlement Agreement is a vital legal document used in Austrian family law to formalize property and financial arrangements between spouses. It becomes particularly relevant during marriage, separation, or divorce proceedings, providing a clear framework for dividing assets, managing financial obligations, and establishing maintenance arrangements. The document must comply with Austrian legal requirements, including the Austrian Civil Code (ABGB) and Marriage Act, and often requires notarization. It typically covers comprehensive details about property division, financial arrangements, maintenance obligations, pension rights, and can include provisions for international assets. The agreement should be drafted with consideration of both current circumstances and potential future changes, making it an essential tool for protecting both parties' interests and preventing future disputes.
Suggested Sections

1. Parties: Identification and details of both spouses, including full legal names, addresses, and marriage date

2. Background: Brief history of the marriage, date of separation if applicable, and purpose of the agreement

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

4. Separation of Property: Declaration of the separation of matrimonial property and the principle of division

5. Division of Real Estate: Detailed arrangements for the division or transfer of real property ownership

6. Division of Movable Property: Agreement on the division of furniture, vehicles, and other movable assets

7. Financial Assets: Division of bank accounts, investments, and other financial assets

8. Debts and Liabilities: Allocation of joint debts and future responsibility for liabilities

9. Maintenance and Support: Terms of any spousal maintenance or support payments

10. Tax Provisions: Agreement on tax matters and allocation of tax liabilities

11. Release of Rights: Mutual release of future claims against each other's property

12. Governing Law: Confirmation that Austrian law governs the agreement

13. Execution Requirements: Formal requirements for valid execution under Austrian law

Optional Sections

1. Child Custody and Support: Arrangements for children, including custody, access, and financial support - included when the couple has children

2. Business Interests: Division or retention of business interests - included when either spouse owns business assets

3. Pension and Retirement Benefits: Division of pension rights and retirement benefits - included when significant pension assets exist

4. International Assets: Specific provisions for assets located outside Austria - included for couples with international property

5. Inheritance Rights: Waiver or modification of inheritance rights - included when parties wish to address inheritance matters

6. Future Dispute Resolution: Mediation or arbitration procedures - included when parties want alternative dispute resolution mechanisms

7. Insurance Policies: Arrangements regarding life, health, or other insurance policies - included when significant insurance assets exist

Suggested Schedules

1. Schedule A - Real Estate: Detailed list of all real estate properties with legal descriptions and agreed dispositions

2. Schedule B - Personal Property: Comprehensive inventory of personal property items and their allocation

3. Schedule C - Financial Assets: List of all bank accounts, investments, and other financial assets with account details

4. Schedule D - Debts and Liabilities: Detailed list of all joint debts and their agreed allocation

5. Schedule E - Income and Expenses: Current financial disclosure of both parties including income and regular expenses

6. Appendix 1 - Property Valuations: Professional valuations of significant assets

7. Appendix 2 - Legal Certifications: Required legal certificates and notarizations under Austrian law

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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Family Law Attorney

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Property Valuator

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Industries
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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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