The Matrimonial Separation Agreement is a crucial legal document used in Austria when married couples decide to separate but are not yet pursuing divorce. This agreement, governed by Austrian family law, particularly the ABGB and Marriage Act, provides a formal framework for managing the separation process. It is typically used when couples want to legally document their separation terms while maintaining their married status, often as a precursor to divorce. The agreement covers comprehensive arrangements including property division, financial support, living arrangements, and if relevant, child custody and access rights. It must be drafted in compliance with Austrian legal requirements and typically requires notarization to be legally enforceable. This document serves as a vital tool for ensuring clarity and legal certainty during the separation period and can later form the basis for divorce proceedings if the couple decides to formally end their marriage.
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1. Parties: Identification and details of both spouses, including full legal names, addresses, and date of marriage
2. Background: Brief history of the marriage, date of separation, and reasons for entering into the agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Living Arrangements: Details of physical separation and living arrangements, including any agreements regarding the marital home
5. Financial Separation: Agreement on financial independence and separation of accounts
6. Division of Property: Comprehensive division of matrimonial assets and liabilities
7. Maintenance Payments: Details of any spousal maintenance arrangements, including amount, duration, and payment terms
8. Tax Provisions: Agreements on tax matters, including filing status and allocation of tax benefits
9. Future Rights: Waiver of future claims and rights against each other's estate
10. Dispute Resolution: Process for resolving any future disputes regarding the agreement
11. Governing Law: Confirmation that the agreement is governed by Austrian law
12. Final Provisions: General provisions including severability, entire agreement, and amendments
1. Child Custody and Access: Required if the couple has children - details of custody arrangements, visitation rights, and parental responsibilities
2. Child Maintenance: Required if the couple has children - arrangements for financial support of children
3. Business Interests: Required if either party owns a business - arrangements for division or continued operation of business interests
4. Pension Rights: Required if pension splitting is relevant - detailed arrangements for division of pension entitlements
5. International Assets: Required if couple has assets in multiple countries - specific provisions for international property
6. Pets: Required if couple has pets - arrangements for pet custody and care
7. Inheritance Provisions: Optional section dealing with inheritance rights and expectations
8. Religious Divorce: Required if couples need to address religious aspects of their separation
1. Schedule A - Asset Register: Detailed inventory of all matrimonial assets including property, vehicles, investments, and personal items
2. Schedule B - Liability Register: List of all joint and individual debts and liabilities
3. Schedule C - Property Valuations: Professional valuations of significant assets including real estate and businesses
4. Schedule D - Income and Expenses: Detailed breakdown of both parties' income and living expenses
5. Schedule E - Child Care Schedule: Detailed visitation and care schedule for children if applicable
6. Schedule F - Pension Information: Details of pension arrangements and calculations for division
7. Appendix 1 - Court Orders: Copies of any relevant court orders or judicial decisions
8. Appendix 2 - Legal Certificates: Copies of marriage certificate and other relevant legal documents
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