A Prenuptial Contract under Austrian law is a crucial document for couples planning to marry who wish to establish clear property and financial arrangements that differ from the statutory regime. This document must be executed as a notarial deed before an Austrian notary and is governed by the Austrian Civil Code (ABGB). It is particularly important for couples with significant assets, business interests, international connections, or complex financial situations. The agreement typically covers pre-marital assets, future acquisitions, business interests, inheritance rights, and maintenance obligations. It provides legal certainty and clarity regarding financial matters during marriage and in case of dissolution, while ensuring compliance with Austrian mandatory provisions regarding matrimonial property law.
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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: Definition of key terms used throughout the agreement
4. Property Regime Selection: Declaration of the chosen property regime (e.g., separation of property) under Austrian law
5. Pre-marital Assets: Detailed specification of assets owned by each party before marriage
6. Future Asset Treatment: Provisions regarding the treatment of assets acquired during marriage
7. Income and Earnings: Treatment of income and earnings during marriage
8. Debts and Liabilities: Handling of existing and future debts and liabilities
9. Matrimonial Home: Provisions regarding the matrimonial home and related rights
10. Maintenance Obligations: Terms regarding maintenance obligations during marriage and in case of separation
11. Governing Law: Confirmation of Austrian law as governing law and jurisdiction
12. Severability: Standard clause ensuring validity of remaining provisions if others are found invalid
13. Execution: Formal execution requirements including notarization provisions
1. International Assets: Required when either party owns assets in other countries
2. Business Interests: Required when either party owns or operates a business
3. Inheritance Rights: Optional provisions regarding inheritance rights and waiver of statutory portions
4. Children from Previous Relationships: Required when either party has children from previous relationships
5. Pension and Retirement Benefits: Optional provisions for handling pension rights and retirement benefits
6. Gift Treatment: Optional section specifying treatment of gifts received during marriage
7. Intellectual Property Rights: Required when either party owns significant intellectual property
8. Religious Requirements: Required when parties wish to incorporate specific religious marriage requirements
1. Schedule A - Pre-marital Assets Inventory: Detailed inventory of assets owned by both parties before marriage
2. Schedule B - Property Valuations: Professional valuations of significant assets mentioned in the agreement
3. Schedule C - Business Assets: Detailed listing of business assets and valuations where applicable
4. Schedule D - Debt Schedule: Comprehensive list of existing debts and liabilities of both parties
5. Appendix 1 - Asset Documentation: Copies of title deeds, share certificates, and other asset ownership documents
6. Appendix 2 - Financial Statements: Recent financial statements or bank documents evidencing financial positions
7. Appendix 3 - Independent Legal Advice: Certificates confirming both parties received independent legal advice
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