Separation Mutual Agreement Template for Austria

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Key Requirements PROMPT example:

Separation Mutual Agreement

"I need a Separation Mutual Agreement under Austrian law for a childless couple with shared property in Vienna, to be effective from March 1, 2025, including provisions for the division of our jointly-owned apartment and shared investment portfolio."

Document background
The Separation Mutual Agreement is a crucial document in Austrian family law, used when married couples decide to formally separate while remaining legally married. This document type is particularly relevant when couples wish to establish clear legal and practical arrangements for their separation without immediately pursuing divorce. The agreement must comply with Austrian Civil Code (ABGB) requirements and typically includes comprehensive provisions for financial settlements, property division, maintenance arrangements, and if relevant, childcare responsibilities. It's essential to note that while a Separation Mutual Agreement doesn't dissolve the marriage, it provides a legally binding framework for the separation period and can form the basis for any future divorce proceedings. The document should be drafted with professional legal assistance to ensure it meets all Austrian legal requirements and adequately protects both parties' interests.
Suggested Sections

1. Parties: Identification and details of both spouses entering into the separation agreement

2. Background: Brief history of the marriage, including date of marriage, date of separation, and general context for the agreement

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

4. Separation Declaration: Formal declaration of the parties' intention to live separately and apart

5. Living Arrangements: Details of who will live where, including any arrangements regarding the marital home

6. Financial Settlement: Overview of how the parties' financial matters will be settled, including division of assets and debts

7. Maintenance Arrangements: Details of any spousal maintenance/support payments, including amount, duration, and payment terms

8. Tax Matters: Agreement on handling tax obligations and any tax-related consequences of the separation

9. Future Conduct: Agreement on how parties will behave towards each other and handle future communications

10. Confidentiality: Terms regarding the confidentiality of the agreement and the parties' private affairs

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

12. Entire Agreement: Clause confirming this document represents the entire agreement between the parties

13. Execution: Details of how and when the agreement is to be executed

Optional Sections

1. Children Arrangements: Details of custody, access, and support arrangements for children - included when the couple has children

2. Pension Arrangements: Division of pension rights and retirement benefits - included when significant pension assets exist

3. Business Interests: Arrangements regarding any joint business interests or company shareholdings - included when parties have shared business interests

4. Pets: Arrangements for the care and custody of family pets - included when there are pets to consider

5. International Assets: Specific provisions for assets held in other countries - included when there are foreign assets

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

7. Intellectual Property: Division of any intellectual property rights - included when relevant IP exists

8. Future Dispute Resolution: Mechanism for resolving future disputes - included when parties want to specify mediation or arbitration procedures

Suggested Schedules

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

2. Schedule B - Liability Schedule: List of all joint and individual liabilities and their allocation

3. Schedule C - Personal Property Division: Detailed list of how personal belongings and household items will be divided

4. Schedule D - Payment Schedule: Detailed schedule of any payments to be made between parties, including dates and amounts

5. Schedule E - Property Documents: Copies of property titles, valuations, and related documents

6. Appendix 1 - Children's Arrangements: Detailed parenting plan and support calculations, if applicable

7. Appendix 2 - Financial Disclosure: Summary of both parties' financial positions and supporting documentation

8. Appendix 3 - Tax Calculations: Detailed tax implications and calculations related to the separation

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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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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