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Amicable Divorce Agreement Template for Austria

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Key Requirements PROMPT example:

Amicable Divorce Agreement

"I need an Amicable Divorce Agreement under Austrian law for a childless couple with substantial international assets, including property in Vienna and Munich, and shared business interests that need to be divided by March 2025."

Document background
The Amicable Divorce Agreement is a crucial document in Austrian family law, used when both spouses mutually agree to end their marriage through a consensual divorce process. This type of agreement is particularly relevant under Austrian jurisdiction, where it aligns with the 'clean break' principle and must comply with the Austrian Civil Code (ABGB) and Marriage Act. The document serves as a comprehensive settlement of all divorce-related matters, including property division, financial arrangements, maintenance obligations, and pension rights. It's designed for couples who have reached an amicable decision to divorce and can agree on the terms of their separation without contentious litigation. The agreement must be properly executed before a court can grant the divorce, and both parties typically require independent legal advice to ensure their interests are protected. This document is especially valuable in streamlining the divorce process and reducing both emotional and financial costs associated with contested divorces.
Suggested Sections

1. Parties: Identification and details of both spouses, including full legal names, addresses, and marriage details

2. Background: Brief history of the marriage, including date and place of marriage, date of separation, and confirmation that both parties seek an amicable divorce

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

4. Acknowledgments: Confirmation that both parties enter the agreement freely, have received independent legal advice, and understand its implications

5. Grounds for Divorce: Statement of the grounds for divorce under Austrian law (typically irretrievable breakdown of marriage)

6. Division of Property: Detailed arrangement for division of matrimonial property, including real estate, vehicles, and personal belongings

7. Financial Settlements: Agreement on financial matters including savings, investments, and debt allocation

8. Maintenance Arrangements: Details of any spousal maintenance/alimony arrangements or mutual waiver of maintenance rights

9. Pension Rights: Agreement on the division of pension entitlements and retirement benefits

10. Tax Provisions: Agreement on handling tax matters and responsibilities

11. Future Conduct: Agreement on mutual behavior and cooperation post-divorce

12. Confidentiality: Terms regarding the confidentiality of the agreement and divorce proceedings

13. Governing Law: Confirmation that the agreement is governed by Austrian law

14. Execution: Signing provisions and formal requirements under Austrian law

Optional Sections

1. Child Custody and Support: Required if the couple has children - details custody arrangements, visitation rights, and child support obligations

2. Business Interests: Required if the couple has joint business interests or shared commercial properties

3. Pets: Required if there are pets to be considered in the separation

4. International Assets: Required if the couple has assets in multiple countries

5. Cultural or Religious Provisions: Required if specific cultural or religious obligations need to be addressed

6. Future Dispute Resolution: Optional section outlining procedures for resolving future disputes

7. Insurance Policies: Required if there are joint insurance policies to be divided or maintained

8. Intellectual Property Rights: Required if either party has IP rights that need to be addressed

Suggested Schedules

1. Schedule A - Property Inventory: Detailed list of all matrimonial property and agreed division

2. Schedule B - Financial Assets: List of all financial assets including bank accounts, investments, and their agreed division

3. Schedule C - Personal Effects: Inventory of personal belongings and their agreed allocation

4. Schedule D - Debt Schedule: List of all joint debts and responsibilities for payment

5. Appendix 1 - Child Care Schedule: Detailed visitation and care schedule for children (if applicable)

6. Appendix 2 - Property Valuations: Professional valuations of significant assets

7. Appendix 3 - Pension Statements: Current pension statements and agreed division arrangements

8. Appendix 4 - Business Valuations: Professional valuations of business interests (if applicable)

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Find the exact document you need

Assets Separation Agreement

An Austrian law-governed agreement that establishes the formal separation and division of assets between parties, including property, financial assets, and liabilities.

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Amicable Divorce Agreement

An Austrian law-governed agreement between spouses documenting their mutual consent to divorce and settling all related financial, property, and family matters.

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