A Post Nuptial Agreement is utilized by married couples in Austria who wish to establish or modify their property arrangements after marriage. This document becomes particularly relevant when there are significant changes in financial circumstances, inheritance, business ownership, or when couples wish to clarify their financial rights and obligations. Under Austrian law, such agreements must be executed as notarial deeds to be legally valid and must comply with the provisions of the Austrian Civil Code (ABGB). The agreement typically covers comprehensive arrangements regarding separate and common property, business interests, inheritance rights, pension benefits, and future acquisitions. It's especially important for high-net-worth individuals, business owners, or couples with complex asset structures who need clear documentation of their financial arrangements during marriage.
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1. Parties: Full legal names and details of both spouses, including current residential addresses
2. Background: Information about the marriage, date of marriage, and reason for entering into the post-nuptial agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Purpose and Intent: Clear statement of the parties' intentions in entering into this agreement and acknowledgment of its binding nature
5. Existing Matrimonial Property Regime: Declaration of the current property regime and any changes to be made
6. Separate Property: Detailed provisions regarding property that will remain separate for each spouse
7. Common Property: Provisions regarding jointly owned property and its management
8. Future Acquisitions: Treatment of property and assets acquired after the execution of the agreement
9. Financial Obligations: Arrangements regarding debts, liabilities, and financial responsibilities
10. Governing Law: Confirmation that Austrian law governs the agreement
11. Amendments: Provisions for how the agreement may be modified in the future
12. Severability: Clause ensuring that if any provision is invalid, the rest remains enforceable
13. Execution: Formal execution requirements including notarization provisions
1. Business Interests: Provisions regarding ownership and management of business interests, used when either spouse owns a business
2. Inheritance Rights: Specific provisions regarding inheritance rights, used when parties wish to modify statutory inheritance rights
3. Pension and Retirement Benefits: Arrangements regarding pension rights and retirement benefits, used when specific pension arrangements are needed
4. Real Estate: Specific provisions for real estate ownership and management, used when couples own or plan to own real estate
5. International Assets: Provisions for assets located outside Austria, used when parties have international property
6. Children's Provisions: Arrangements regarding children's financial support and inheritance, used when there are children from current or previous marriages
7. Gifts and Inheritances: Treatment of gifts and inheritances received during marriage, used when significant gifts or inheritances are expected
8. Intellectual Property Rights: Provisions regarding intellectual property ownership, used when either spouse has significant IP assets
1. Schedule A - Assets Schedule: Comprehensive list of all assets owned by each spouse at the time of the agreement
2. Schedule B - Liabilities Schedule: List of all debts and liabilities of each spouse
3. Schedule C - Business Assets: Detailed inventory of business assets and interests
4. Schedule D - Real Estate: Details of all real estate properties including ownership structure
5. Schedule E - Bank Accounts: List of all bank accounts and financial investments
6. Appendix 1 - Financial Disclosure: Detailed financial disclosure statements from both parties
7. Appendix 2 - Legal Advice Certificates: Certificates confirming independent legal advice received by each party
8. Appendix 3 - Valuation Reports: Professional valuations of significant assets if applicable
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