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Prenuptial Agreement After Marriage

Prenuptial Agreement After Marriage Template for Austria

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Key Requirements PROMPT example:

Prenuptial Agreement After Marriage

"I need a Prenuptial Agreement After Marriage under Austrian law to protect my recently inherited family business, which employs 50 people, and to ensure it remains separate from matrimonial property, while still providing fair provisions for my spouse's future security."

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Document background
The Prenuptial Agreement After Marriage (postnuptial agreement) is a specialized legal document used in Austria when married couples wish to formally establish or modify their property rights and financial arrangements after their wedding has taken place. This document becomes particularly relevant when spouses need to address changes in their financial circumstances, protect business interests, manage inherited wealth, or establish clear terms for property division. Under Austrian law, such agreements must be notarized and comply with the Austrian Civil Code (ABGB) and the Austrian Matrimonial Property Act. The agreement typically covers aspects such as property division, maintenance obligations, pension rights, and inheritance provisions. It's essential for couples with significant assets, business interests, or complex financial arrangements, and can be especially valuable for international couples with assets in multiple jurisdictions.
Suggested Sections

1. Parties: Identification and details of both spouses, including full legal names, addresses, and dates of birth

2. Background: Brief description of the marriage, date of marriage, reason for creating a postnuptial agreement, and any relevant circumstances

3. Definitions: Definitions of key terms used throughout the agreement, including 'matrimonial property', 'separate property', and other relevant terms

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

5. Existing Matrimonial Property Regime: Declaration of the current property regime and any changes to be made by this agreement

6. Separate Property: Detailed provisions regarding assets that will remain separate property of each spouse

7. Joint Property: Provisions regarding jointly owned property and how it will be treated

8. Future Property and Income: Arrangements for property and income acquired after the agreement's execution

9. Debts and Liabilities: Treatment of existing and future debts, including responsibility for payment

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

11. Death Provisions: Impact of the agreement on inheritance rights and provisions in case of death

12. Disclosure: Confirmation of full financial disclosure by both parties

13. Legal Advice: Confirmation that both parties have received independent legal advice

14. Governing Law: Specification of Austrian law as governing law and relevant jurisdiction

15. Execution Requirements: Formal requirements for valid execution, including notarization provisions

Optional Sections

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

2. International Assets: Specific provisions for assets located outside Austria, included when parties have foreign assets

3. Children's Provisions: Arrangements regarding existing children's financial security, included when parties have children

4. Pension and Retirement Benefits: Specific arrangements for pension rights and retirement benefits, included when significant pension assets exist

5. Intellectual Property Rights: Provisions regarding ownership and income from intellectual property, included for creative professionals or inventors

6. Family Gifts and Inheritance: Special provisions for gifts or inheritance from family members, included when significant family wealth exists

7. Dispute Resolution: Alternative dispute resolution procedures, included when parties want to avoid court proceedings

8. Review and Amendment: Provisions for periodic review and amendment of the agreement, included for longer-term planning

9. Religious Requirements: Additional provisions to comply with religious requirements, included for couples with religious considerations

Suggested Schedules

1. Schedule A - Separate Property of First Party: Detailed inventory of first party's separate property including values and supporting documentation

2. Schedule B - Separate Property of Second Party: Detailed inventory of second party's separate property including values and supporting documentation

3. Schedule C - Joint Property: List and details of all jointly owned property

4. Schedule D - Financial Disclosure: Comprehensive financial statements of both parties

5. Schedule E - Business Assets: Detailed description and valuation of business interests

6. Schedule F - Debt Schedule: List of all existing debts and liabilities of both parties

7. Appendix 1 - Legal Certificates: Certificates confirming independent legal advice

8. Appendix 2 - Property Valuations: Professional valuations of significant assets

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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