What does a prenuptial agreement cover? What should you look out for when drafting a prenuptial agreement before the wedding? And is there a spark of romance in a prenuptial agreement after all? We’re happy to explain when it makes sense to use a contract to address asset division and related matters, and to introduce you to law firms in Austria that specialize in matrimonial law.
This law firm specializes in prenuptial agreements and would be happy to advise you.
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Family Law Experts in Vienna
Legal security with heart and mind: This experienced legal duo will assist you with prenuptial agreements, wills, and important powers of attorney. Personal, empathetic, and forward-thinking—for a marriage built on a solid foundation, not only emotionally but also legally.
View profilePrenuptial agreements are like Barney Stinson. They’re seen as cold, calculating, unromantic, and only out for their own gain. But wait for it: At their core, they’re hopeless romantics! Yes, drawing up a prenuptial agreement means thinking about a possible divorce. Especially in the endorphin-fueled emotional rush of an engagement, this might not be the most pleasant topic to plan for. Yet that’s exactly the perfect time to do it. After all, a prenup is mainly about sharing something. And when would you be more willing to do that than at the very moment you’ve decided to share the rest of your lives together?
Contrary to persistent rumors, in Austria, marriage contracts can only address property matters. In short: It’s all about the money. Contracts specifying who has to clean the bathroom and when cannot be drawn up.
As a general rule, Austrian marriage law provides for separate property. Put simply, this means: what’s yours is yours, and what’s mine is mine. While this works quite well when it comes to toothbrushes, it becomes increasingly difficult when assets are accumulated jointly during the marriage. Home ownership is one of the prime examples here. Does the spouse who primarily takes care of the children have an equal right to the home, even though they likely contribute less financially? Even if ownership is clarified, the question of the right to reside in the home remains—and all of this is just the tip of the iceberg. Beneath the surface lie inheritances, returns from joint investments, and much more. For entrepreneurial couples, the value of their businesses also comes into play. That’s why many lawyers consider a prenuptial agreement a must for self-employed individuals.
In general, a prenuptial agreement can be entered into at any time during the marriage, both before and after the wedding. However, once the wedding has taken place, there is no longer any obligation to do so. It is therefore advisable to take care of this before the wedding ceremony.
In principle , a notary is all that’s needed for a prenuptial agreement , but it’s strongly recommended that you also hire a family law attorney. Even though numerous prenuptial agreement templates on the Internet may give the impression that you can do without a lawyer, legal experts advise against this. Only a lawyer who works with your case on an individual basis is able to draft a prenuptial agreement using clear and unambiguous language that leaves no room for interpretation.
In a list of the phrases you hear most often at a law firm, “A prenuptial agreement is always cheaper than a difficult divorce” certainly makes it into the top 10. To put it very simply, one could say that the costs are primarily based on the total value of the assets brought into the marriage. First, the notary determines the value of the transaction based on the net assets of both spouses. This forms the basis for calculating the fees. The attorneys’ fees, on the other hand, are based on the specific issues addressed in the prenuptial agreement. The more issues (spousal support, real estate value, equalization of marital gains, etc.) that are addressed, the higher the attorneys’ fees will be.
Admittedly, compared to a love poem or a love song, a prenuptial agreement seems less than romantic. But that’s a matter of perspective. If you’re engaged right now and decide to draw up a prenuptial agreement, what’s written in it is nothing more than a list of what you wish for each other—regardless of what the future may hold.
