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Antenuptial Agreement

Antenuptial Agreement Template for Austria

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Key Requirements PROMPT example:

Antenuptial Agreement

"I need an Austrian Antenuptial Agreement for a technology business owner marrying in March 2025, with specific focus on protecting intellectual property rights and future company growth, including provisions for international assets as the future spouse is from Germany."

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Document background
The Antenuptial Agreement is a crucial legal document for couples planning to marry in Austria who wish to regulate their property relations differently from the statutory regime. This document becomes particularly relevant for individuals with significant assets, business interests, international connections, or complex financial situations. The agreement must comply with Austrian civil law, particularly the ABGB (Austrian Civil Code) and the Marriage Act (EheG), and requires execution as a notarial deed. It typically includes detailed provisions about pre-marital assets, future property acquisition, inheritance rights, and arrangements in case of divorce or death. The document is especially important for protecting business interests, managing international assets, and providing clarity regarding financial obligations during marriage and in case of its dissolution.
Suggested Sections

1. Parties: Identification of both parties entering into the marriage, including full legal names, birth dates, current addresses, and nationalities

2. Background: Brief context about the parties' intention to marry and their desire to regulate their property relations

3. Definitions: Key terms used throughout the agreement including definitions of separate property, joint property, income, etc.

4. Property Regime: Declaration of the chosen property regime (usually separation of property) and deviation from statutory regime

5. Pre-marital Assets: Detailed listing and classification of assets owned by each party before marriage

6. Future Property Treatment: Rules for handling property acquired during marriage

7. Income and Earnings: Treatment of income, salaries, and business profits during marriage

8. Debts and Liabilities: Handling of existing and future debts, including personal and joint liabilities

9. Inheritance Rights: Provisions regarding inheritance rights and waiver of mandatory portions

10. Termination Provisions: Consequences of marriage termination through divorce or death

11. Governing Law: Specification of Austrian law as governing law and jurisdiction

12. Final Provisions: Severability clause, amendment procedures, and confirmation of notarial deed requirement

Optional Sections

1. Business Interests: Section dealing with existing or future business ownership and management, used when either party owns or may inherit a business

2. Real Estate: Specific provisions for handling real estate properties, used when parties own or plan to acquire significant real estate

3. Intellectual Property: Provisions regarding intellectual property rights, used for parties with significant IP assets

4. Maintenance Provisions: Specific arrangements regarding spousal maintenance, used when parties want to modify statutory maintenance obligations

5. Children's Provisions: Arrangements regarding existing children from previous relationships, used when applicable

6. International Assets: Special provisions for international property and assets, used for international couples or those with foreign assets

7. Pension Rights: Arrangements regarding pension and retirement benefits, used for parties with significant pension entitlements

8. Gift Treatment: Handling of gifts between spouses or from third parties, used when significant gifts are expected

Suggested Schedules

1. Schedule A - Pre-marital Assets of First Party: Detailed inventory of all assets owned by the first party before marriage

2. Schedule B - Pre-marital Assets of Second Party: Detailed inventory of all assets owned by the second party before marriage

3. Schedule C - Joint Property List: List of assets agreed to be treated as joint property

4. Schedule D - Business Assets: Detailed description of business interests and their agreed treatment

5. Schedule E - Real Estate Details: Specific details of real estate properties including ownership structure

6. Appendix 1 - Financial Disclosures: Financial statements and documentation supporting asset declarations

7. Appendix 2 - Independent Legal Advice Certificates: Certificates confirming both parties received independent legal advice

8. Appendix 3 - Property Valuations: Professional valuations of significant assets mentioned in the agreement

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

alex.den.21@genieai.co
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