Mutual Separation Agreement Marriage Template for Austria

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Key Requirements PROMPT example:

Mutual Separation Agreement Marriage

"I need a Mutual Separation Agreement Marriage under Austrian law for a childless couple with substantial business assets, including provisions for dividing a jointly-owned company and arrangements for the matrimonial home in Vienna, to be executed by March 2025."

Document background
The Mutual Separation Agreement Marriage is a crucial document used in Austrian divorce proceedings when spouses agree to end their marriage by mutual consent (einvernehmliche Scheidung). This type of agreement is specifically regulated under Austrian law, particularly §55a of the Marriage Act and the Austrian Civil Code (ABGB). It should be used when both parties have reached an amicable decision to separate and can agree on essential terms such as property division, maintenance, and child-related matters if applicable. The document must be comprehensive enough to address all legal requirements while being clear and enforceable. It forms the basis for the court's approval of the divorce and serves as a binding contract between the parties for their post-divorce obligations and rights.
Suggested Sections

1. Parties: Full legal names and addresses of both spouses

2. Background: Details of the marriage, including date and place of marriage, and confirmation that both parties seek an amicable separation

3. Definitions: Key terms used throughout the agreement

4. Acknowledgment of Irretrievable Breakdown: Mutual confirmation that the marriage has irretrievably broken down and both parties agree to divorce

5. Effective Date: The date when the separation takes effect

6. Living Arrangements: Agreement on separate living arrangements and the family home

7. Division of Property: General principles for division of matrimonial assets and liabilities

8. Financial Settlement: Overview of financial arrangements between the parties

9. Mutual Releases: Waiver of future claims against each other except as provided in the agreement

10. Confidentiality: Agreement on handling private information

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

12. Execution: Signing requirements and declaration of free consent

Optional Sections

1. Child Custody and Access: Required if the couple has minor children, detailing custody arrangements, visitation rights, and parental responsibilities

2. Child Maintenance: Required if there are minor children, specifying financial support arrangements

3. Spousal Maintenance: Include if one party will provide financial support to the other post-separation

4. Pension Rights: Include if there are pension entitlements to be divided

5. Business Interests: Required if either party owns business assets that need to be addressed

6. Tax Provisions: Include if there are specific tax arrangements or implications to be addressed

7. Insurance Policies: Include if there are joint insurance policies to be divided or maintained

8. Future Dispute Resolution: Optional mechanism for resolving future disputes about the agreement

Suggested Schedules

1. Schedule A - Asset Registry: Comprehensive list of all matrimonial assets and their agreed division

2. Schedule B - Liability Registry: List of all joint debts and responsibilities for their payment

3. Schedule C - Property Valuations: Professional valuations of significant assets like real estate or businesses

4. Schedule D - Child Care Schedule: Detailed parenting schedule if children are involved

5. Schedule E - Financial Disclosure: Complete financial disclosure from both parties

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

7. Appendix 2 - Property Documents: Relevant property ownership documents

8. Appendix 3 - Court Forms: Required forms for filing with the Austrian court

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

Relevant Industries

Legal Services

Family Law

Real Estate

Financial Services

Social Services

Public Administration

Insurance

Professional Services

Court Services

Mediation Services

Relevant Teams

Legal

Corporate Affairs

Family Law Practice

Dispute Resolution

Document Processing

Court Administration

Mediation

Social Services

Client Advisory

Compliance

Relevant Roles

Family Law Attorney

Legal Counsel

Divorce Mediator

Court Clerk

Judge

Notary

Financial Advisor

Property Valuer

Social Worker

Child Welfare Officer

Legal Administrator

Pension Advisor

Insurance Consultant

Family Court Administrator

Legal Document Specialist

Industries
Teams

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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