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Post Prenuptial Agreement Template for Austria

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Key Requirements PROMPT example:

Post Prenuptial Agreement

"I need a Post Prenuptial Agreement under Austrian law to address my newly acquired business interests in Germany and Switzerland, ensuring clear separation of business assets from marital property and including provisions for future business expansion planned for March 2025."

Document background
The Post Prenuptial Agreement is a crucial legal instrument in Austrian family law, designed for married couples who wish to formally establish or modify their property rights and financial arrangements after marriage. This document becomes particularly relevant when there are significant changes in financial circumstances, inheritance receipt, business acquisition, or international property investments. Under Austrian law, such agreements require notarization to be legally valid and must comply with the provisions of the Austrian Civil Code (ABGB) and the Marriage Act. The agreement typically includes comprehensive details about asset division, financial obligations, inheritance rights, and can address both current holdings and future acquisitions. It's especially important for high-net-worth individuals, business owners, or international couples with assets in multiple jurisdictions.
Suggested Sections

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

2. Background: Brief history of the marriage, date of marriage, reason for post-nuptial agreement, and any relevant circumstances

3. Definitions: Clear definitions of key terms used throughout the agreement, including property categories, matrimonial home, separate property, etc.

4. Purpose and Intent: Clear statement of the agreement's objectives and the parties' intentions regarding their property rights

5. Property Division: Detailed provisions regarding the classification and division of current and future property, including separate and joint property

6. Financial Obligations: Overview of financial responsibilities, including debt allocation, household expenses, and ongoing financial obligations

7. Matrimonial Home: Specific provisions regarding the main residence, including ownership, usage rights, and disposition

8. Income and Earnings: Treatment of current and future income, salary, bonuses, and other earnings

9. Pension and Retirement Benefits: Provisions regarding pension rights, retirement accounts, and related benefits

10. Amendment and Termination: Conditions and procedures for modifying or terminating the agreement

11. Severability: Clause ensuring that if any provision is found invalid, the remainder of the agreement remains in effect

12. Governing Law: Explicit statement that Austrian law governs the agreement

13. Execution: Formal execution requirements including notarization provisions as required by Austrian law

Optional Sections

1. Business Interests: Provisions regarding ownership and management of business interests, used when either spouse owns a business

2. Inheritance Rights: Specific provisions about inheritance rights and expected inheritances, included when there are significant inheritance expectations

3. International Assets: Special provisions for assets located outside Austria, included for couples with international property

4. Children's Provisions: Provisions regarding financial arrangements for children, included when the couple has children

5. Intellectual Property: Provisions regarding intellectual property rights, included when either spouse has significant IP assets

6. Future Acquisitions: Specific provisions about how future property acquisitions will be treated, included for couples expecting significant asset changes

7. Gift Treatment: Provisions regarding treatment of gifts received during marriage, included when significant gifts are expected

8. Debt Protection: Additional provisions protecting one spouse from the other's debts, included when there are significant debt concerns

Suggested Schedules

1. Schedule A - Current Assets: Comprehensive list of all current assets owned by both parties, individually and jointly

2. Schedule B - Current Liabilities: Detailed list of all current debts and liabilities of both parties

3. Schedule C - Business Assets: Detailed inventory of business assets and interests, if applicable

4. Schedule D - Real Estate Holdings: Detailed list of all real estate properties and related rights

5. Schedule E - Personal Property: Inventory of significant personal property items

6. Schedule F - Financial Accounts: List of all bank accounts, investment accounts, and other financial holdings

7. Appendix 1 - Property Valuation Reports: Professional valuations of significant assets

8. Appendix 2 - Legal Certificates: Copies of relevant legal certificates, including marriage certificate and property titles

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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