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Informal Separation Agreement Template for Austria

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Key Requirements PROMPT example:

Informal Separation Agreement

"I need an Informal Separation Agreement for a childless couple with shared property in Vienna, including provisions for the division of a jointly-owned apartment and a vacation home, with the separation planned to take effect from March 1, 2025."

Document background
The Informal Separation Agreement is a crucial document in Austrian family law that provides a structured framework for couples who wish to separate but are not yet ready for, or do not wish to pursue, a formal divorce. This document typically comes into play when couples need to establish clear guidelines for their separation while maintaining certain aspects of their marital status. The agreement addresses essential aspects such as property division, financial responsibilities, living arrangements, and if relevant, child custody and support arrangements. While less formal than a divorce decree, the Informal Separation Agreement must still align with Austrian legal requirements, particularly the Austrian Civil Code (ABGB) and the Marriage Act. It serves as a practical solution for couples who need time to evaluate their relationship, require a period of structured separation, or have religious, cultural, or personal reasons for not pursuing an immediate divorce. The document can be modified as circumstances change and can later serve as a foundation for divorce proceedings if the couple ultimately decides to formally end their marriage.
Suggested Sections

1. Parties: Identification and details of both spouses entering into the separation agreement

2. Background: Brief history of the marriage, date of separation, and reason for creating this agreement

3. Definitions: Key terms used throughout the agreement

4. Date of Separation: Official date when the separation begins and its legal implications

5. Living Arrangements: Details of who will live where and any arrangements regarding the family home

6. Financial Arrangements: Overview of how routine expenses, bills, and joint financial obligations will be handled

7. Division of Property: How shared property, assets, and debts will be divided between the parties

8. Maintenance Payments: Any spousal support arrangements between the parties

9. Tax Arrangements: How tax matters will be handled during the separation period

10. Future Dealings: How the parties will handle communication and decision-making going forward

11. Variation of Agreement: Process for making changes to the agreement

12. Governing Law: Confirmation that the agreement is subject to Austrian law

13. Signatures: Execution section with date and signatures of both parties

Optional Sections

1. Children Arrangements: Required if the couple has children - covers custody, access, and child support arrangements

2. Pets: Include if the couple has pets to determine custody and care arrangements

3. Business Interests: Required if the couple shares business interests or professional practices

4. Pension and Insurance: Include if there are shared pension or insurance policies that need to be addressed

5. Holiday Arrangements: Include if there are children or shared holiday homes requiring specific arrangements

6. Confidentiality: Include if parties wish to keep the terms of separation private

7. Social Media: Include if parties want to establish guidelines about social media behavior during separation

8. Mediation Clause: Include if parties wish to commit to mediation before any legal proceedings

9. Reconciliation Provisions: Include if parties want to specify terms for potential reconciliation

Suggested Schedules

1. Schedule A - Asset List: Detailed inventory of all shared assets and their agreed division

2. Schedule B - Debt List: Detailed list of all shared debts and liabilities and their allocation

3. Schedule C - Household Items: Detailed list of household items and their division

4. Schedule D - Children's Schedule: Detailed parenting schedule including holidays and special occasions

5. Schedule E - Financial Disclosure: Summary of both parties' financial positions

6. Schedule F - Properties: Details of any real estate owned and arrangements for each property

7. Appendix 1 - Contact Information: Important contact details for both parties and relevant third parties

8. Appendix 2 - Important Dates: Calendar of important dates and deadlines related to the separation arrangements

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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