Understanding the Legalities of Prenuptial Agreements in Austria

Understanding the Legalities of Prenuptial Agreements in Austria 1

Understanding the Legalities of Prenuptial Agreements in Austria 2

What is a Prenuptial Agreement?

A prenuptial agreement, also known as a prenup, is a contract entered into by two parties before they get married. The agreement outlines how assets and liabilities will be divided in the event of a divorce or separation. Gain further knowledge on Rechtsanwalt Strafrecht Wels through this external source.

Are Prenuptial Agreements Legal in Austria?

Yes, prenuptial agreements are legal in Austria. They are governed by the Austrian Civil Code and the Marriage Act. In Austria, a prenuptial agreement must be made in writing and signed by both parties in the presence of a notary.

What Can Be Included in a Prenuptial Agreement?

Under Austrian law, the following issues can be addressed in a prenuptial agreement:

  • The division of assets and liabilities in the event of a divorce or separation
  • The amount of spousal maintenance to be paid
  • The division of property accumulated during the course of the marriage
  • It is important to note that a prenuptial agreement cannot address child support or custody arrangements, as these issues are determined by the court in the best interests of the child.

    Can Prenuptial Agreements be Challenged in Austria?

    Yes, Prenuptial agreements can be challenged in Austria. A prenuptial agreement can be set aside by an Austrian court if it is found to be unconscionable or if one of the parties entered into the agreement under duress, coercion or fraud. Additionally, if the agreement is too one-sided or unfair to one party the court may refuse to enforce it.

    When Should I Consider a Prenuptial Agreement in Austria?

    If you are planning to get married in Austria and you have significant assets or liabilities, a prenuptial agreement can provide important protection in the event of a divorce or separation. A prenuptial agreement can also provide peace of mind and reduce conflicts in the event of a divorce.


    Understanding the legalities of prenuptial agreements in Austria is important for anyone considering getting married. By following the requirements of the Civil Code and the Marriage Act, and by ensuring that the agreement is fair and reasonable, parties in Austria can enter into prenuptial agreements with confidence. Broaden your knowledge of the subject covered in this article by visiting the suggested external website. Click to read this article, discover valuable insights and fresh perspectives to further enhance your understanding of the topic.

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