A Post Prenuptial Agreement under Austrian law serves as a crucial legal instrument for married couples seeking to modify their property rights and financial arrangements after marriage. This document becomes particularly relevant when couples experience significant changes in their financial circumstances, inherit substantial assets, start new businesses, or simply wish to formalize their financial arrangements differently from the statutory regime. The agreement must strictly comply with Austrian Civil Code (ABGB) requirements, including mandatory notarization and independent legal counsel for both parties. It typically covers comprehensive details about asset division, inheritance rights, maintenance obligations, and business interests, while ensuring compliance with Austrian matrimonial property laws. The document's significance extends beyond the immediate parties to various professional stakeholders who may need to reference or work with it in different contexts.
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1. Parties: Identification of both spouses including full legal names, addresses, and dates of birth
2. Background: Brief recital of marriage date, current status, and reason for entering into the post-nuptial agreement
3. Definitions: Definition of key terms used throughout the agreement, including 'Separate Property', 'Joint Property', 'Matrimonial Property', etc.
4. Purpose and Intent: Clear statement of the parties' intentions in entering the agreement and acknowledgment of mutual understanding
5. Current Property Regime: Declaration of existing property arrangements and any previous agreements between the parties
6. Division of Current Assets: Detailed provisions regarding the classification and division of existing assets between separate and joint property
7. Future Property Rights: Provisions governing the treatment of future acquired assets and income
8. Debts and Liabilities: Allocation of responsibility for existing and future debts
9. Maintenance and Support: Provisions regarding spousal maintenance and support obligations
10. Death and Inheritance: Provisions regarding inheritance rights and waiver of statutory portions where applicable
11. Dispute Resolution: Procedures for resolving disputes arising from the agreement
12. Governing Law: Confirmation of Austrian law as governing law and jurisdiction
13. Severability: Standard clause ensuring survival of remaining provisions if any provision is found invalid
1. Business Interests: Specific provisions regarding ownership and management of business interests, used when either spouse owns a business
2. International Assets: Special provisions for assets located outside Austria, including choice of law considerations
3. Intellectual Property Rights: Provisions regarding ownership and rights to intellectual property, relevant for couples with significant IP assets
4. Children's Provisions: Provisions regarding financial arrangements for children, including education and maintenance
5. Pension and Retirement Benefits: Specific arrangements regarding pension rights and retirement benefits
6. Family Home: Special provisions regarding the marital home, particularly relevant if owned by one party pre-marriage
7. Future Inheritance Expectations: Provisions regarding expected future inheritances or gifts from family members
1. Schedule A - Separate Property of First Spouse: Detailed inventory of all assets and liabilities deemed separate property of the first spouse
2. Schedule B - Separate Property of Second Spouse: Detailed inventory of all assets and liabilities deemed separate property of the second spouse
3. Schedule C - Joint Property: Comprehensive list of all jointly owned assets and liabilities
4. Schedule D - Business Assets: Detailed description of business interests, shares, and related assets
5. Schedule E - Real Estate Holdings: Detailed list of all real estate properties with their current status and ownership
6. Appendix 1 - Financial Disclosure: Complete financial disclosure statements from both parties
7. Appendix 2 - Independent Legal Advice Certificates: Certificates confirming both parties received independent legal advice
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