Asset Division

Division of assets during and following divorce

• How is property divided during or after a divorce?
• Can assets be divided and reallocated irrespective of the actual owners during marriage?
• What aspects of the previous marriage and the divorce itself play a role in the division of assets following divorce?
• How does (joint) liability for debt affect the division of property following divorce?
• What happens to the savings acquired by both spouses during the marriage and the marital property (including household effects) following divorce?
• What happens to properties such as the holiday home(s) or mutual pension fund(s) following a divorce?
• What are “hidden” or “undisclosed” assets?
• What can be done about possibly hidden or undisclosed assets when dealing with the division of assets during or following divorce?
• What are “equalization” and “compensation” payments regarding the post-marital division of assets?
• Must an agreement on division of assets be submitted to the court?
• What procedure(s) must be followed in order to have a legally binding division of assets following a divorce?
• What deadlines are involved in the division of property following divorce?
• How do cross-border implications affect the division of assets following divorce?

Being a leading expert in this field as well as an attorney-at-law specialized in family law, questions such as these have long been part and parcel of Dr. Nademleinsky´s legal practice in this potentially rather complicated area of family law. In fact, based on his experience and particular legal expertise, he has  - for many years now (and at invitation!) - been the commentor on both the rules, as well as the procedure, of post-marital division of property (§ 81ff EheG) in the Civil Law Commentaries by Schwimann/Neumayr, TaKom (Rules governing division of assets following divorce); and Gitschthaler/Höllwerth, AußStrG (Procedures to be followed regarding division of assets following divorce) respectively, both commentaries are edited by Supreme Court judges and regularly cited by the Supreme Court in Austria. Should the stakes be high for you, we would suggest you contact us in order to have not only the best qualified but also the most efficient legal advice and representation available (contact).