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Marriage Separation Agreement

Marriage Separation Agreement Template for Austria

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Key Requirements PROMPT example:

Marriage Separation Agreement

"I need a Marriage Separation Agreement under Austrian law for a couple with two minor children, international property holdings in Austria and Germany, and shared business interests, with the separation planned to take effect from March 1, 2025."

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Document background
The Marriage Separation Agreement is a vital legal document used in Austrian family law when married couples decide to formally separate while remaining legally married. This agreement becomes necessary when couples wish to establish clear legal and financial boundaries without immediately pursuing divorce proceedings. It must comply with the Austrian Civil Code (ABGB) and related legislation, covering essential aspects such as asset division, maintenance payments, living arrangements, and if applicable, child custody provisions. The document serves as a comprehensive framework for the separation, providing legal certainty and protection for both parties while ensuring compliance with Austrian matrimonial law requirements. It can later serve as a foundation for divorce proceedings if the couple eventually decides to formally end their marriage.
Suggested Sections

1. Parties: Identification and details of both spouses

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

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

4. Living Arrangements: Details of physical separation and living arrangements

5. Financial Separation: Agreement on financial independence and separation of accounts

6. Division of Property: Comprehensive arrangement for division of matrimonial assets and liabilities

7. Maintenance Payments: Details of any spousal maintenance arrangements

8. Tax Provisions: Agreements on tax matters and filing status

9. Future Rights: Waiver of future claims and rights against each other's estate

10. Confidentiality: Provisions regarding privacy and confidentiality of the agreement

11. Governing Law: Confirmation that Austrian law governs the agreement

12. Execution: Signature requirements and effective date

Optional Sections

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

2. Pension Rights: Include if pension rights need to be divided or addressed

3. Business Interests: Required if either party owns a business or has business interests

4. Pets: Include if there are arrangements needed for family pets

5. Insurance Policies: Include if there are joint insurance policies to be divided or maintained

6. Debt Allocation: Required if there are significant joint debts to be allocated

7. Family Home: Include detailed provisions if there is a family home to be dealt with

8. Foreign Assets: Required if there are assets in other countries

9. Religious Divorce: Include if religious aspects of divorce need to be addressed

10. Mediation Clause: Optional provision for handling future disputes through mediation

Suggested Schedules

1. Schedule A - Asset Schedule: Comprehensive list of all matrimonial assets and their agreed division

2. Schedule B - Property Valuations: Professional valuations of significant assets, especially real estate

3. Schedule C - Financial Disclosure: Complete financial disclosure from both parties

4. Schedule D - Maintenance Calculations: Detailed calculations for any maintenance payments

5. Schedule E - Pension Information: Details of pension arrangements and divisions

6. Appendix 1 - Child Arrangements: Detailed parenting plan and custody schedule if applicable

7. Appendix 2 - Business Valuations: Professional valuations of any business interests

8. Appendix 3 - Debt Schedule: List of all joint debts and their allocation

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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