Prenuptial agreements are generally permitted and enforced, subject to specified conditions. Austria's International Private Law Act provides that the formal requirements of a valid prenuptial agreement are governed by the law of the place where the agreement was made.
The law in Austria was liberalized somewhat by virtue of legislation effective January 1, 2010. Now, a prenuptial agreement may include terms concerning the parties' matrimonial home, although courts have the power to overrule such terms if they deem it necessary to do so.
Our office has worked on several U.S. – Austria prenuptial agreements, always collaborating with local counsel in all jurisdictions as appropriate.
Disclaimer: We are admitted to practice only in New York but work as appropriate with lawyers throughout all U.S. states and throughout the world.