Separation Settlement Agreement Template for Austria

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Key Requirements PROMPT example:

Separation Settlement Agreement

"I need a Separation Settlement Agreement under Austrian law for a couple with two minor children and joint ownership of a family business, with the separation to take effect from March 1, 2025."

Document background
The Separation Settlement Agreement (Trennungsvereinbarung) is a crucial legal document used in Austria when married couples or registered partners decide to formally separate but have not yet proceeded with divorce. This document is drafted in accordance with the Austrian General Civil Code (ABGB) and the Marriage Act (Ehegesetz), serving as a comprehensive agreement that addresses all aspects of the separation. It typically includes provisions for property division, financial support, living arrangements, and child custody if applicable. The agreement becomes particularly important as it can later form the basis for divorce proceedings and helps prevent future disputes. It requires careful consideration of Austrian family law provisions and often involves input from legal professionals to ensure compliance with local regulations and protection of both parties' interests. The document may need to be notarized and might require court approval in certain circumstances, especially when children are involved.
Suggested Sections

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

2. Background: Brief history of the marriage, date of separation, and current living situation

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

4. Purpose and Intent: Statement of the parties' intention to legally separate and regulate their affairs

5. Separation Declaration: Formal declaration of separation and acknowledgment of living apart

6. Division of Property: Comprehensive arrangement for division of matrimonial assets and liabilities

7. Financial Provisions: Details of any maintenance payments, financial support, or periodic payments

8. Tax Matters: Arrangements regarding tax obligations and responsibilities

9. Future Rights: Waiver of future claims and rights against each other's estate

10. Confidentiality: Provisions regarding the confidentiality of the agreement and personal matters

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

12. Execution Requirements: Formal requirements for signing and witnessing under Austrian law

Optional Sections

1. Child Arrangements: Details of custody, access, and maintenance for children (included if the couple has children)

2. Pension Rights: Division of pension entitlements (included if significant pension rights exist)

3. Business Interests: Arrangements regarding jointly owned businesses or business assets (included if applicable)

4. International Assets: Provisions for assets located outside Austria (included if foreign assets exist)

5. Pets: Arrangements for care and custody of pets (included if relevant)

6. Medical Insurance: Provisions regarding continued medical insurance coverage (included if relevant)

7. Future Dispute Resolution: Mechanism for resolving future disputes (optional but recommended)

8. Religious Divorce: Provisions regarding religious divorce proceedings (included if relevant to the parties)

Suggested Schedules

1. Schedule 1: Asset Register: Detailed inventory of all matrimonial assets and their agreed division

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

3. Schedule 3: Property Valuations: Professional valuations of significant assets such as real estate

4. Schedule 4: Maintenance Calculations: Detailed calculations of maintenance payments and financial obligations

5. Appendix A: Child Care Schedule: Detailed parenting schedule and arrangements (if applicable)

6. Appendix B: Property Documents: Copies of property titles, registration documents, or transfer forms

7. Appendix C: Financial Disclosure: Statements of financial position from both parties

8. Appendix D: Pension Information: Details of pension arrangements and division (if applicable)

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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