Posts tagged #divorce

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Austrian OGH: Are Pensions Subject to Post-Marital Division?

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has recently ruled that private pension products with a realisable economic value prior to retirement are generally subject to post-marital division. In the case at hand, the marriage...

OGH on Advance Agreement on Matrimonial Homeownership

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) had to clarify whether a prior agreement on the marital home was valid in the context of property settlement proceedings. The parties’ marriage, contracted in June 1990, was dissolved...

OGH on the Abuse of Divorce Rights

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled on the question of whether a repeated marriage and divorce from the same spouse constitutes an abuse of rights. Among other things, the exercise of a right is considered to ...

OGH: Limitation Periods for Revocation of Prenup-Like Gifting

Civil Law 

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) has ruled that the right to revoke a gift made with a view to a future marriage (prenup-like gifting) after divorce is time-barred after 30 years. The dispute in the case at hand conc...

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