A Prenuptial Agreement under Austrian law is essential for couples seeking to establish clear property rights and financial arrangements before entering into marriage. This document is particularly crucial for individuals with significant assets, business interests, or expected inheritances, as it provides legal certainty and protection for both parties. The agreement must be executed as a notarial deed in accordance with Austrian law, specifically the ABGB (Austrian Civil Code) and related legislation. It typically includes comprehensive provisions regarding property division, financial obligations, inheritance rights, and arrangements in case of divorce. The document is especially relevant in cases involving family businesses, international assets, or complex financial structures. Austrian prenuptial agreements must balance individual property rights with mandatory legal provisions protecting basic spousal rights.
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1. Parties: Identification and details of both parties entering into the agreement
2. Background: Context of the agreement, including the intended marriage date and general purpose of the agreement
3. Definitions: Key terms used throughout the agreement, including definitions of separate and joint property
4. Property Rights: Detailed provisions regarding property ownership, including pre-marital assets and future acquisitions
5. Financial Arrangements: Provisions regarding income, savings, and financial obligations during marriage
6. Debts and Liabilities: Treatment of existing and future debts, including personal and joint liabilities
7. Matrimonial Home: Specific provisions regarding the main residence and any associated rights
8. Inheritance Rights: Provisions regarding inheritance rights and waiver of statutory portions where applicable
9. Separation and Divorce: Terms governing property division and financial arrangements in case of marriage dissolution
10. Governing Law: Confirmation of Austrian law as governing law and jurisdiction
11. Severability: Standard clause ensuring remainder of agreement remains valid if any provision is found invalid
12. Execution: Formal execution requirements including notarization provisions
1. Business Interests: Provisions regarding ownership and management of business interests, used when either party owns a business
2. Children's Provisions: Arrangements regarding existing children from previous relationships, used when applicable
3. International Assets: Special provisions for international property and assets, used for couples with foreign assets
4. Pension and Retirement: Specific arrangements regarding pension rights and retirement benefits, used for older couples or those with significant pension assets
5. Gifts and Inheritances: Special provisions for expected gifts or inheritances, used when substantial future acquisitions are anticipated
6. Intellectual Property: Provisions regarding intellectual property rights, used for authors, artists, or inventors
7. Family Heirlooms: Special provisions for family heirlooms or historically significant property, used when applicable
1. Schedule A - Pre-marital Assets: Detailed inventory of assets owned by each party before marriage
2. Schedule B - Joint Property List: List of assets agreed to be treated as joint property
3. Schedule C - Business Assets: Detailed listing of business interests and their agreed treatment
4. Schedule D - Real Estate: Details of all real estate owned by either party and their agreed treatment
5. Schedule E - Debts and Liabilities: Comprehensive list of existing debts and liabilities
6. Appendix 1 - Financial Disclosures: Formal financial disclosures by both parties
7. Appendix 2 - Independent Legal Advice: Certificates of independent legal advice received by each party
Relevant legal definitions
Clauses
Relevant Industries
Legal Services
Family Law
Wealth Management
Private Banking
Real Estate
Professional Services
Family Business
Agriculture (for inherited farms)
Insurance
Financial Services
Relevant Teams
Legal
Wealth Management
Private Banking
Estate Planning
Tax Advisory
Family Office
Business Succession
International Advisory
Notarial Services
Financial Planning
Relevant Roles
Family Law Attorney
Notary Public
Wealth Manager
Private Banker
Estate Planner
Tax Advisor
Family Business Consultant
Financial Planner
Real Estate Attorney
Trust Officer
Business Succession Planner
Matrimonial Law Specialist
International Tax Consultant
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