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Mutual Divorce Agreement Template for Austria

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Key Requirements PROMPT example:

Mutual Divorce Agreement

"I need a straightforward Mutual Divorce Agreement under Austrian law for a childless couple with minimal shared assets, planning to file for divorce in March 2025."

Document background
The Mutual Divorce Agreement is a crucial document used in Austrian divorce proceedings when both spouses agree to end their marriage amicably. This document is specifically designed to comply with Austrian family law requirements and is typically prepared after the mandatory separation period. It encompasses all aspects of the divorce settlement, including division of assets and liabilities, maintenance arrangements, and where applicable, child custody and support provisions. The agreement must be drafted in accordance with the Austrian Civil Code and Marriage Act, and requires court certification to be legally binding. It's particularly useful in situations where spouses wish to avoid contentious court proceedings and prefer to mutually agree on divorce terms. The document serves as both a legal instrument for divorce proceedings and a reference point for future obligations and rights of both parties.
Suggested Sections

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

2. Background: Brief history of the marriage, date of separation, and mutual intention to divorce

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

4. Grounds for Divorce: Statement of mutual consent and irretrievable breakdown of marriage

5. Effective Date: Specification of when the agreement takes effect

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

7. Financial Settlement: Terms of any financial settlements or payments between parties

8. Mutual Release: Mutual release from future claims related to the marriage

9. Costs: Agreement on how divorce proceeding costs will be shared

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

11. Entire Agreement: Clause confirming this document represents the entire agreement between parties

12. Execution: Signing requirements and declaration of free consent

Optional Sections

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

2. Spousal Maintenance: Required if one party will provide financial support to the other after divorce

3. Pension Rights: Required if there are pension rights to be divided

4. Business Interests: Required if the couple has joint business interests that need to be divided

5. Pets: Required if there are pets whose custody needs to be determined

6. Immigration Status: Required if divorce affects either party's residence status

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

8. Future Dispute Resolution: Optional clause specifying how future disputes will be handled

Suggested Schedules

1. Schedule A - Asset List: Comprehensive list of all matrimonial assets with agreed values

2. Schedule B - Liability List: List of all joint liabilities and their agreed distribution

3. Schedule C - Property Details: Detailed information about real estate properties and their disposition

4. Schedule D - Personal Property Division: Detailed list of personal property items and their allocation

5. Appendix 1 - Financial Disclosure: Financial statements from both parties

6. Appendix 2 - Child Care Schedule: Detailed visitation and care schedule for children if applicable

7. Appendix 3 - Pension Valuations: Professional valuations of pension rights if applicable

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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Legal

Compliance

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Relevant Roles

Family Law Attorney

Legal Counsel

Divorce Mediator

Court Clerk

Notary Public

Family Court Judge

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Industries







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