international family law
Prenuptial agreements are generally recognized and enforceable in Austria, provided they meet specific legal requirements. According to Austria’s International Private Law Act, the formal validity of a prenuptial agreement is determined by the laws of the country where the agreement is executed.
As of January 1, 2010, Austrian law became more flexible with respect to prenuptial agreements. Under the revised legislation, such agreements may now address matters related to the couple’s marital residence. However, Austrian courts retain the authority to override these provisions if they find it necessary for reasons of fairness or legal policy.
Our firm has handled multiple prenuptial agreements involving both U.S. and Austrian jurisdictions. In every case, we work closely with local legal counsel in each country to ensure that the agreement complies with applicable laws and is fully enforceable.
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