The Online Prenuptial Agreement serves as a modern solution for couples planning to marry under Austrian jurisdiction who wish to establish clear property and financial arrangements before their marriage. This digital document is designed to comply with both traditional Austrian Civil Code (ABGB) requirements and modern electronic signature laws, making it accessible while maintaining legal validity. The agreement covers essential aspects such as property division, spousal support, debt allocation, and inheritance rights, with special provisions for digital execution and online authentication. It's particularly relevant in today's digital age where couples seek efficient yet legally sound ways to arrange their matrimonial property affairs. The document includes mandatory notarization requirements under Austrian law and can be adapted for international couples, incorporating relevant EU regulations for cross-border recognition.
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1. Parties: Identification and details of both parties entering into the prenuptial agreement
2. Background: Context of the agreement, including the intended marriage date and purpose of the agreement
3. Definitions: Key terms used throughout the agreement defined for clarity and legal certainty
4. Applicable Law: Specification of Austrian law as governing law and relevant jurisdictional provisions
5. Property Classification: Definition and classification of separate and marital property
6. Financial Disclosure: Mandatory disclosure of assets, liabilities, and financial circumstances of both parties
7. Property Division: Agreed arrangements for property division in case of divorce or death
8. Maintenance and Support: Provisions regarding spousal maintenance and financial support
9. Debt Responsibility: Allocation of responsibility for existing and future debts
10. Electronic Execution: Provisions for online signing and acknowledgment of the agreement
11. Severability: Clause ensuring remainder of agreement stays valid if any provision is found unenforceable
12. Entire Agreement: Confirmation that the document represents the complete agreement between parties
1. International Assets: Special provisions for assets located outside Austria, used when parties have international property
2. Business Interests: Specific provisions for handling business ownership and interests, included when either party owns a business
3. Inheritance Rights: Additional provisions regarding inheritance, used when parties wish to modify statutory inheritance rights
4. Previous Marriage Provisions: Special clauses addressing obligations from previous marriages, included when relevant
5. Religious Requirements: Specific provisions to comply with religious marriage requirements, included when parties request
6. Future Children: Provisions regarding future children's financial arrangements, optional but recommended
7. Retirement Benefits: Specific provisions for pension and retirement benefits, included when significant retirement assets exist
8. Intellectual Property: Provisions for handling intellectual property rights, included when either party has significant IP assets
1. Schedule A - Asset Inventory: Detailed list of each party's assets at the time of agreement
2. Schedule B - Liability Inventory: Detailed list of each party's debts and financial obligations
3. Schedule C - Business Valuations: Professional valuations of any business interests owned by either party
4. Schedule D - Property Documents: Copies of property titles, deeds, and related documentation
5. Appendix 1 - Financial Statements: Current financial statements of both parties
6. Appendix 2 - Legal Certificates: Relevant legal documents including birth certificates and divorce decrees if applicable
7. Appendix 3 - Independent Legal Advice: Certificates confirming both parties received independent legal advice
8. Appendix 4 - Translation Certificate: Certified translations if agreement is in multiple languages
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