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Post Nup Agreement

Post Nup Agreement Template for Austria

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Key Requirements PROMPT example:

Post Nup Agreement

"Need a Post Nup Agreement for a couple where one spouse owns technology businesses in Austria and Germany, and the other spouse is about to receive significant venture capital investment in March 2025; agreement must address intellectual property rights and future business acquisitions."

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Document background
A Post Nup Agreement under Austrian law is utilized when married couples wish to establish or modify their property rights and financial obligations after marriage. This document becomes particularly relevant when there are significant changes in financial circumstances, inheritance receipt, business ownership, or international assets acquisition. The agreement must comply with Austrian legal requirements, including mandatory notarization, and typically covers property division, maintenance obligations, inheritance rights, and financial responsibilities. It's essential for high-net-worth individuals, business owners, or couples with complex asset structures. The document must be drafted in accordance with the Austrian Civil Code (ABGB) and requires careful consideration of both current assets and future financial planning.
Suggested Sections

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

2. Background: Brief description of the marriage, date of marriage, and reason for entering into the post-nuptial agreement

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

4. Purpose and Intent: Clear statement of the agreement's purpose and the parties' intentions

5. Property Regime Selection: Declaration of the chosen property regime under Austrian law (e.g., separation of property)

6. Current Assets and Liabilities: Overview of how existing assets and liabilities are categorized and treated

7. Future Property Rights: Provisions regarding property acquired after the agreement

8. Maintenance and Support: Arrangements regarding spousal maintenance during marriage and in case of separation

9. Inheritance Rights: Provisions regarding inheritance rights between spouses

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

11. Severability: Clause ensuring partial invalidity doesn't void entire agreement

12. Execution Requirements: Notarization and formal requirements under Austrian law

Optional Sections

1. Business Interests: Specific provisions for handling business ownership and future business interests

2. Intellectual Property Rights: Provisions regarding intellectual property owned by either spouse

3. Pension and Retirement Benefits: Specific arrangements regarding pension rights and retirement benefits

4. Children's Provisions: Arrangements regarding existing or future children's financial provisions

5. International Assets: Special provisions for assets held in other countries

6. Gift and Inheritance Treatment: Special provisions for handling inherited assets or significant gifts

7. Debt Responsibility: Detailed provisions about handling existing and future debts

8. Marriage Breakdown Provisions: Specific arrangements in case of future separation or divorce

Suggested Schedules

1. Schedule A - Real Estate: Detailed list of all real estate owned by either party

2. Schedule B - Personal Property: Inventory of significant personal property and valuables

3. Schedule C - Financial Assets: List of bank accounts, investments, and other financial assets

4. Schedule D - Business Assets: Details of business ownership and related assets

5. Schedule E - Debts and Liabilities: Comprehensive list of current debts and liabilities

6. Schedule F - Inheritance Expectations: Details of expected inheritances or family trusts

7. Appendix 1 - Asset Valuations: Professional valuations of significant assets

8. Appendix 2 - Legal Certificates: Marriage certificate and other relevant legal documents

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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