By Elena Giannattasio, International Family Lawyer (New York & San Francisco), Multi-Jurisdictional Divorce, PLLC
Austria recognizes and enforces prenuptial agreements, provided they comply with the country’s specific legal requirements. Under Austria’s International Private Law Act, the formal validity of a marital agreement is governed by the law of the place where it was executed. This creates a measure of flexibility for couples with international lives, while still preserving Austria’s strong commitment to fairness and transparency in family-law matters.
Austria modernized its approach to prenuptial agreements through legislation that took effect on January 1, 2010. Since then, couples have been permitted to include provisions concerning their matrimonial home, a topic previously excluded from private agreement. However, Austrian courts maintain the authority to override those provisions if doing so is necessary to protect the welfare of a spouse or to prevent an outcome the court considers unjust.
Our Cross-Border Experience
At Multi-Jurisdictional Divorce, PLLC, we regularly guide clients through the complexities of drafting prenuptial agreements that align with Austrian requirements while remaining enforceable in the United States and other jurisdictions. Elena Giannattasio, an international family lawyer in New York and San Francisco, emphasizes enforceability coordination across jurisdictions, making sure each agreement reflects the couple’s intentions and holds up in courts worldwide.
Foreign Law Disclaimer, Multi-Jurisdictional Divorce, PLLC
This overview concerns foreign law. Elena Giannattasio, Esq. is not admitted to practice in Austria and does not advise on Austrian Law. All information is provided strictly for general educational purposes and is not legal advice.