Separation Affidavit Template for Austria

A Separation Affidavit under Austrian law is a formal legal document that establishes the terms and conditions of a married couple's separation prior to or instead of divorce. This document, governed by the Austrian Civil Code (ABGB) and Marriage Act (Ehegesetz), outlines the agreed-upon arrangements between spouses regarding property division, financial responsibilities, living arrangements, and if applicable, child custody and support. It must be executed in accordance with Austrian legal requirements, typically requiring notarization, and serves as a binding agreement that can later be incorporated into divorce proceedings if the couple decides to formally end their marriage.

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What is a Separation Affidavit?

The Separation Affidavit (Trennungsvereinbarung) is a crucial legal document in Austrian family law, used when married couples decide to live separately but are not yet pursuing or choosing not to pursue a divorce. This document serves multiple purposes: it provides legal protection for both parties, establishes clear guidelines for the separation period, and can be used as a foundation for eventual divorce proceedings if the couple later decides to divorce. The affidavit must comply with Austrian legal requirements, particularly the ABGB and Marriage Act, and typically includes comprehensive details about financial arrangements, property division, spousal support, child custody (if applicable), and living arrangements. It requires careful drafting to ensure all aspects of the separation are properly addressed and legally enforceable under Austrian law.

What sections should be included in a Separation Affidavit?

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

2. Background: Details of the marriage including date and place of marriage, current living situation, and reason for separation

3. Definitions: Key terms used throughout the document defined for clarity and legal certainty

4. Date of Separation: Official date of separation and acknowledgment of living separately

5. Living Arrangements: Details of who will reside in the marital home and any temporary or permanent housing arrangements

6. Financial Provisions: General financial arrangements including maintenance payments, bill responsibilities, and joint account handling

7. Division of Property: General principles for division of marital property and assets

8. Debts and Liabilities: Assignment of responsibility for existing debts and future liabilities

9. Tax Matters: Agreements regarding tax filings and responsibilities

10. Future Conduct: Agreement on behavior towards each other and communication protocols

11. Legal Proceedings: Statement regarding any pending or future legal proceedings

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

13. Execution: Signature requirements and notarization provisions

What sections are optional to include in a Separation Affidavit?

1. Child Arrangements: Used when the couple has children - includes custody, access, and support arrangements

2. Pets: Used when there are pets to address ownership and care arrangements

3. Business Interests: Used when spouses have joint business interests or shared commercial activities

4. Pension and Insurance: Used when there are significant pension or insurance policies to be divided

5. International Assets: Used when the couple has assets in multiple countries

6. Intellectual Property: Used when there are joint intellectual property rights to be addressed

7. Future Sale of Property: Used when there is agreement to sell joint property in the future

8. Confidentiality: Used when parties wish to keep the terms of separation private

9. Mediation Clause: Used when parties want to agree to mediation before court proceedings

What schedules should be included in a Separation Affidavit?

1. Schedule A - Asset Inventory: Detailed list of all marital assets including property, vehicles, and valuable items

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

3. Schedule C - Division of Household Items: Detailed allocation of furniture and household items

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

5. Schedule E - Monthly Budget: Detailed breakdown of monthly expenses and payment responsibilities

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

7. Appendix 2 - Child Care Schedule: Detailed visitation and care schedule for children if applicable

8. Appendix 3 - Supporting Documents: Copies of relevant certificates, property deeds, and other important documents

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

Jurisdiction

Austria

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use

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