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A Divorce Agreement is a legally binding contract between spouses that outlines how they'll handle their separation in Austria. It covers key decisions about property division, financial responsibilities, and arrangements for children if any are involved. This document forms a crucial part of Austria's consensual divorce process (Einvernehmliche Scheidung).

Under Austrian family law, both parties must sign this agreement and present it to the court before their divorce can be finalized. It typically addresses alimony payments, pension rights, custody arrangements, and the division of shared assets like homes or vehicles. Once approved by an Austrian court, the agreement becomes enforceable, giving both parties clear legal guidelines for their post-divorce lives.

Create a Divorce Agreement as soon as you and your spouse decide to pursue a consensual divorce in Austria. This document becomes essential during the early stages of separation, especially when you need to make clear arrangements about property, finances, and children before appearing in court.

The agreement proves particularly valuable when handling complex assets, shared businesses, or international property. Austrian courts require this document before granting an uncontested divorce, so preparing it early helps avoid delays and disputes later. Moving forward without a properly drafted agreement can lead to costly legal complications and potential conflicts over asset distribution or support obligations.

• Amicable Divorce Agreement: Used for uncontested divorces where both parties agree on all terms, including child custody, support payments, and property division. This streamlined version speeds up court proceedings and minimizes legal costs.
• Assets Separation Agreement: Focuses specifically on complex property division, including businesses, investments, and international assets. This detailed variant includes comprehensive asset valuation and distribution schedules.

• Divorcing Spouses: The primary parties who negotiate, agree to, and sign the Divorce Agreement. They must both fully understand and consent to all terms.
• Family Law Attorneys: Draft and review agreements, ensure legal compliance, and represent each spouse's interests during negotiations.
• Mediators: Help couples reach agreement on contentious issues and draft initial terms before legal finalization.
• Austrian Courts: Review and approve the agreement, ensuring it meets legal requirements and protects both parties' rights.
• Child Welfare Services: May review custody arrangements within the agreement when children are involved.

• Personal Information: Gather full legal names, addresses, and marriage certificate details for both spouses.
• Asset Documentation: Collect statements for all bank accounts, properties, investments, pensions, and debts.
• Income Details: Prepare recent pay slips, tax returns, and business income records for both parties.
• Child Information: Document children's needs, school arrangements, and proposed custody schedules if applicable.
• Agreement Terms: Use our platform to generate a legally compliant draft that covers all required elements under Austrian law.
• Final Review: Both parties should carefully review all terms before signing to ensure accuracy and completeness.

• Identification Section: Full legal names, addresses, and marriage details of both parties.
• Property Division: Clear listing of all marital assets and their agreed distribution, including real estate and investments.
• Financial Arrangements: Specifics about alimony, pension rights, and debt allocation between parties.
• Child Custody Terms: Detailed parenting plan, visitation schedules, and support payments if children are involved.
• Legal Declarations: Statements confirming both parties enter the agreement voluntarily and understand its terms.
• Jurisdiction Clause: Confirmation that Austrian law governs the agreement and specifies the competent court.
• Signature Block: Space for dated signatures of both parties and witnesses as required.

A Divorce Agreement differs significantly from a Custody Agreement in several important ways. While both documents can involve children's arrangements, their scope and timing vary considerably under Austrian family law.

• Primary Purpose: A Divorce Agreement covers all aspects of marital dissolution, including property, finances, and children. A Custody Agreement focuses solely on child-related arrangements.
• Timing of Use: Divorce Agreements are created during the divorce process, while Custody Agreements can be made at any time, even between unmarried parents.
• Legal Requirements: Divorce Agreements must meet strict Austrian court requirements for divorce finalization. Custody Agreements can be modified more easily and don't require court approval unless part of a divorce.
• Scope of Coverage: Divorce Agreements comprehensively address all marital assets and obligations. Custody Agreements only detail parenting schedules, decision-making rights, and child support.