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A Prenuptial Agreement, called "Ehepakt" in Austrian law, is a legal contract that future spouses create before their marriage. It sets clear rules about how they'll handle their property, assets, and financial responsibilities both during marriage and if they later separate.

Under Austrian civil code (ABGB), couples can customize their agreement to protect inherited property, business interests, or existing wealth. The contract must be signed before a notary to be valid, and both parties need independent legal advice to ensure fairness. Austrian courts generally respect these agreements as long as they don't unfairly disadvantage either spouse or violate basic legal principles.

Consider a Prenuptial Agreement when significant assets or business interests are involved before marriage. This legal tool proves especially valuable for business owners, entrepreneurs, or individuals with substantial inheritance expectations under Austrian law. It's particularly important when one partner brings considerably more wealth into the marriage or runs a family business.

The agreement needs to be finalized well before the wedding date - Austrian courts require enough time for both parties to review terms without pressure. Common triggers include protecting family property, safeguarding business ownership, clarifying debt responsibilities, or ensuring inheritance rights for children from previous relationships. Planning early allows for thorough financial disclosure and proper legal consultation.

• Pre Marriage Agreement: Standard agreement made before marriage, covering basic asset division and financial responsibilities
• Post Nup Agreement: Created after marriage to adjust financial arrangements as circumstances change
• Post Prenuptial Agreement: More comprehensive post-marriage contract, often used when significant assets or business interests need protection
• Prenuptial Agreement After Marriage: Detailed revision of marriage terms for established couples facing new financial situations
• Post Prenup Agreement: Specialized version for addressing specific inheritance rights or business ownership changes during marriage

• Future Spouses: The primary parties who negotiate and sign the Prenuptial Agreement, detailing their financial rights and obligations
• Notaries: Required by Austrian law to authenticate the agreement and ensure both parties understand its implications
• Independent Lawyers: Represent each spouse separately to provide legal advice and protect individual interests
• Business Valuators: Help assess company assets when business ownership is involved
• Financial Advisors: Assist in documenting assets and planning financial arrangements
• Family Members: May be affected by inheritance provisions or family business arrangements outlined in the agreement

• Asset Documentation: Compile detailed lists of all property, investments, and debts for both parties
• Business Valuation: Obtain current market values for any company ownership or business interests
• Financial Disclosure: Gather tax returns, bank statements, and investment portfolios from the past three years
• Future Planning: Document expected inheritances, career plans, and potential asset acquisitions
• Legal Requirements: Schedule appointments with independent lawyers and a notary for Austrian compliance
• Timeline Planning: Start at least three months before the wedding to allow proper review and reflection
• Digital Draft: Use our platform to generate a legally sound template tailored to Austrian requirements

• Full Identification: Complete names, addresses, and personal details of both future spouses
• Asset Declaration: Detailed inventory of current property, investments, and debts for both parties
• Property Division: Clear terms for handling joint and separate property during marriage
• Financial Arrangements: Specific provisions for income, savings, and expense management
• Inheritance Rights: Terms regarding inheritance claims and family property
• Business Interests: Protection clauses for existing or future business ownership
• Separation Terms: Guidelines for asset division in case of divorce
• Notarial Certification: Space for official notary authentication as required by Austrian law

A Prenuptial Agreement differs significantly from a Cohabitation Agreement in Austrian law, though both deal with relationship property rights. While prenups specifically address marriage-related assets and financial arrangements, cohabitation agreements focus on unmarried couples living together.

• Legal Status: Prenuptial agreements require notarial certification and are automatically enforced upon marriage, while cohabitation agreements remain private contracts without special legal status
• Timing and Duration: Prenups must be signed before marriage and remain valid throughout, whereas cohabitation agreements can be made at any time during the relationship
• Scope of Protection: Prenups can address inheritance rights and matrimonial property law, while cohabitation agreements mainly cover practical living arrangements and asset division
• Enforcement Power: Courts give stronger recognition to properly executed prenups compared to cohabitation agreements in property disputes