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Prenup Marriage Contract Template for Austria

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Key Requirements PROMPT example:

Prenup Marriage Contract

"I need a Prenup Marriage Contract under Austrian law that protects my established family business and includes provisions for future inheritance from my parents, with the marriage planned for March 2025."

Document background
A Prenup Marriage Contract under Austrian law serves as a crucial legal instrument for couples planning to marry who wish to establish clear property rights and financial arrangements different from the statutory matrimonial property regime. This document becomes particularly important when either party brings substantial assets to the marriage, owns a business, expects significant inheritance, or when international assets are involved. The agreement must comply with Austrian Civil Code (ABGB) requirements and be executed as a notarial deed, making it essential to engage appropriate legal counsel and notarial services. The document typically includes detailed provisions about separate and joint property, inheritance rights, maintenance obligations, and specific arrangements for business interests or international assets. Given Austria's position within the EU, the agreement often needs to consider both domestic law and EU regulations, particularly for couples with cross-border elements in their relationship or assets.
Suggested Sections

1. Parties: Full legal identification of both parties entering into the prenuptial agreement, including full names, dates of birth, current addresses, and nationalities

2. Background: Brief context about the parties' intention to marry and their desire to regulate their property relations

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

4. Effective Date and Duration: Specification of when the agreement takes effect (usually upon marriage) and its duration

5. Separate Property Regime: Declaration and regulation of property that will remain separate for each spouse

6. Joint Property Provisions: Rules regarding any property acquired jointly during marriage

7. Income and Earnings: Treatment of income earned during marriage and its classification as separate or joint property

8. Debts and Liabilities: Handling of existing and future debts, including personal and joint liabilities

9. Maintenance and Support: Provisions regarding spousal maintenance during marriage and in case of separation

10. Inheritance Rights: Basic provisions regarding inheritance rights and any agreed modifications within legal limits

11. Dissolution Provisions: Property division and financial arrangements in case of divorce or death

12. Governing Law: Explicit statement that the agreement is governed by Austrian law

13. Severability: Clause ensuring that if any provision is invalid, the remainder of the agreement remains in force

14. Execution: Formal execution requirements including notarization provisions

Optional Sections

1. International Assets: Required when either party has significant assets outside Austria, addressing international property rights and jurisdiction

2. Business Interests: Needed when either party owns a business or has significant business interests to protect

3. Children's Provisions: Required when either party has children from previous relationships, addressing inheritance rights and financial provisions

4. Future Asset Protection: Optional section for protecting specific future acquisitions or inheritances

5. Retirement and Pension Rights: Detailed provisions about pension and retirement benefits when parties have significant pension entitlements

6. Intellectual Property Rights: Required when either party has significant intellectual property assets

7. Real Estate Management: Needed when parties own or plan to acquire significant real estate holdings

8. Cultural or Religious Obligations: Required when parties wish to incorporate specific cultural or religious requirements into their agreement

Suggested Schedules

1. Schedule A - Separate Property Inventory: Detailed list of each party's separate property at the time of marriage

2. Schedule B - Financial Disclosure: Comprehensive financial disclosure from both parties including assets, liabilities, and income

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

4. Schedule D - Real Estate Holdings: List and details of real estate owned by either party

5. Schedule E - Inherited Assets: Details of any inherited assets that require special protection

6. Appendix 1 - Supporting Documents: Copies of relevant certificates, property titles, and other supporting documentation

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

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

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Lawyer

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Industries






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