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Pre Marriage Agreement Template for Austria

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Key Requirements PROMPT example:

Pre Marriage Agreement

"I need a Pre Marriage Agreement drafted under Austrian law to protect my family business interests and establish clear separation of business assets from marital property, with the marriage planned for March 2025."

Document background
The Pre-Marriage Agreement is a crucial legal document used in Austria by couples planning to marry who wish to establish clear property rights and financial arrangements that will govern their marriage. This document is particularly important for individuals with significant assets, business interests, expected inheritances, or those entering second marriages. Under Austrian law, the agreement must be executed as a notarial deed to be valid and must comply with the provisions of the Austrian Civil Code (ABGB). It typically includes detailed inventories of pre-marital assets, provisions for asset division, maintenance arrangements, and inheritance rights. The agreement should be drafted well in advance of the marriage to allow both parties sufficient time for review and independent legal counsel. It's essential to note that certain provisions may be subject to judicial review if they're deemed grossly unfair under Austrian law.
Suggested Sections

1. Parties: Identification and details of both parties entering into the agreement

2. Background: Context of the agreement, including the intended marriage date and general purpose of the agreement

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

4. Legal Basis: Reference to relevant Austrian laws and confirmation that both parties understand their legal rights

5. Property Regime Selection: Declaration of the chosen property regime (e.g., separation of property or other arrangements)

6. Pre-marital Assets: Detailed specification of assets owned by each party before marriage

7. Future Asset Treatment: Rules for handling assets acquired during marriage

8. Income and Earnings: Treatment of income and earnings during marriage

9. Debts and Liabilities: Handling of existing and future debts

10. Maintenance Provisions: Arrangements for spousal maintenance in case of separation

11. Inheritance Rights: Basic provisions regarding inheritance rights between spouses

12. Dissolution Provisions: Arrangements in case of divorce or death

13. General Provisions: Including severability, amendments, and governing law

14. Execution: Signature requirements and notarization provisions

Optional Sections

1. Business Interests: Protection of business assets and future business interests - include when either party owns or may inherit a business

2. International Assets: Specific provisions for assets located outside Austria - include for parties with international property

3. Children's Provisions: Arrangements regarding future children's financial security - include when parties want to address future children's interests

4. Pension and Retirement: Specific arrangements for pension rights and retirement benefits - include for parties with significant pension arrangements

5. Intellectual Property: Protection of intellectual property rights - include for authors, artists, or inventors

6. Family Gifts and Inheritance: Special provisions for expected family gifts or inheritance - include when significant family wealth is involved

7. Religious Requirements: Specific religious obligations or requirements - include for parties wanting religious elements incorporated

8. Residential Property Arrangements: Specific provisions for current or future residential properties - include when parties have specific housing arrangements in mind

Suggested Schedules

1. Schedule A - Pre-marital Assets Inventory: Detailed list of all assets owned by both parties prior to marriage

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

3. Schedule C - Business Assets: Detailed information about business interests and their agreed treatment

4. Schedule D - Property Valuations: Professional valuations of significant assets

5. Schedule E - Inherited Assets: Details of any inherited assets and their agreed treatment

6. Appendix 1 - Financial Disclosure: Complete financial disclosure statements from both parties

7. Appendix 2 - Legal Advice Certificates: Certificates confirming independent legal advice received by both parties

8. Appendix 3 - Translation Certificate: Official translations if one party's primary language is not German

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

Relevant legal definitions








































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Relevant Industries

Legal Services

Financial Services

Private Banking

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Real Estate

Family Business

Professional Services

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Translation Services

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Relevant Teams

Legal

Wealth Management

Private Banking

Document Processing

Risk & Compliance

Family Office

Corporate Advisory

Estate Planning

Client Relations

International Services

Relevant Roles

Family Law Attorney

Private Wealth Manager

Estate Planning Lawyer

Notary Public

Legal Counsel

Financial Advisor

Family Business Consultant

Wealth Planning Specialist

Corporate Lawyer

Marriage Mediator

Trust Officer

Family Office Manager

Legal Document Specialist

Compliance Officer

Risk Management Advisor

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks, 聽Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination, 聽Severance Pay, Governing Law, Entire Agreemen

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