Asset division does not start with a demand but with an organised list. Under sections 81 to 97 EheG, matrimonial assets used by the spouses and matrimonial savings must be reviewed. Exceptions, reference dates and valuations often decide the outcome.
This article complements the assets and debts topic. It explains preparation without unrealistic figures or false valuation certainty.
Preparing asset division: list, valuation and reference date
What is the next sensible step?
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What is the next sensible step?
Overview of all answers.
Prepare calm review
Organise documents and aims. It can then be reviewed whether agreement, application or negotiation is sensible.
Start with a complete list
Record accounts, savings, securities, vehicles, insurance, property, loans, company shares and larger purchases. It also matters who uses what and where documents exist.
Mark exceptions early
Assets brought into the marriage, inheritances and gifts may be treated differently. Evidence is still needed because mixing, increase in value or investments can raise new questions.
Valuation without false precision
An initial view must not pretend to be a binding valuation. Property, businesses and shares need traceable documents and, where necessary, professional valuation.
Keep the one year period in mind
Applications for judicial division are generally subject to a one year period from the divorce becoming final. This period should be noted expressly during preparation.
Common questions
Does this article replace legal advice?
No. It gives orientation under Austrian law. The concrete solution depends on documents, agreements and the conduct of the parties.
Which documents help in the first consultation?
A short timeline, income records, bank statements, agreements, messages and documents concerning children, housing or assets are helpful.
When should I not wait?
If deadlines run, payments stop, contact is blocked or important documents disappear, legal review should be sought promptly.