The Collaborative Separation Agreement is a specialized legal instrument used in Austria when couples seek to formalize their separation through cooperative means rather than adversarial litigation. This document is particularly suitable for parties who wish to maintain an amicable relationship and work together to reach mutually beneficial solutions. The agreement operates within the framework of Austrian family law, specifically adhering to the Austrian Civil Code (ABGB) and the Marriage Act (Ehegesetz). It comprehensively addresses all aspects of separation, including property division, financial arrangements, support obligations, and if relevant, child custody and access arrangements. The collaborative nature of the agreement often results in more sustainable solutions and can help reduce emotional and financial costs associated with traditional divorce proceedings. It's particularly valuable when parties wish to maintain open communication and possibly co-parent effectively in the future.
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1. Parties: Identification and details of both separating parties
2. Background: Brief history of the marriage/relationship, date of separation, and intent for collaborative separation
3. Definitions: Key terms used throughout the agreement
4. Purpose and Intent: Statement of the parties' intention to separate amicably and regulate their affairs through this agreement
5. Separation Arrangements: Confirmation of separation and living arrangements
6. Financial Disclosure: Acknowledgment of full financial disclosure by both parties
7. Division of Assets and Liabilities: Detailed arrangements for division of joint property, assets, and debts
8. Financial Support: Arrangements for any ongoing financial support between parties
9. Tax Considerations: Agreement on handling tax matters and future tax filings
10. Future Dispute Resolution: Process for handling future disagreements and modifications
11. Legal Costs: Agreement on how legal and professional costs are to be shared
12. General Provisions: Standard legal clauses including governing law, severability, and entire agreement
13. Execution: Signature blocks and attestation requirements
1. Child Arrangements: Details of custody, access, and support arrangements for children - included when the couple has minor children
2. Pets and Animals: Arrangements for care and custody of family pets - included when relevant
3. Business Interests: Division or management of joint business interests - included when parties share business interests
4. Pension and Retirement Benefits: Division of pension and retirement accounts - included when significant retirement assets exist
5. International Assets: Specific provisions for overseas property or assets - included for international couples or those with foreign assets
6. Insurance Arrangements: Provisions regarding life, health, or other insurance policies - included when there are joint insurance policies
7. Intellectual Property Rights: Division of intellectual property - included when relevant to either party
8. Future Property Rights: Provisions regarding inheritance or future acquired property - included when parties want to address future property rights
9. Confidentiality: Specific privacy and confidentiality provisions - included when parties want enhanced privacy protection
1. Schedule A - Asset Register: Comprehensive list of all assets owned jointly or separately
2. Schedule B - Liability Register: List of all joint and individual debts and liabilities
3. Schedule C - Financial Disclosure Statements: Detailed financial statements from both parties
4. Schedule D - Division of Household Items: Detailed list of how household contents will be divided
5. Schedule E - Child Support Calculations: Detailed calculations for child support payments if applicable
6. Schedule F - Property Valuations: Professional valuations of significant assets
7. Appendix 1 - Parenting Plan: Detailed arrangements for child care and custody if applicable
8. Appendix 2 - Business Valuation Reports: Professional valuations of business interests if applicable
9. Appendix 3 - Pension Valuations: Professional valuations of pension and retirement accounts
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