How successful are dowry marriages
Dowry: What Parents Have to Pay Their Children
It sounds old-fashioned, but there is still a right to a dowry. When there is such a right to marriage property and equipment and when parents can refuse them.
When two people tie the knot, there is usually a cost involved. For many couples, this is not infrequently a reason to postpone their marriage a little. But the legislature has made provisions for this case. "Almost forgotten, but still valid, is the legal provision that children can request an appropriate financial donation on the occasion of their wedding," explains Stefan Hutecek, partner lawyer of the D.A.S. Legal protection AG. Provided they do not have sufficient assets of their own.
According to the law, this so-called payment obligation of the parents is the “last act of the obligation to provide care and maintenance”. The purpose of this parental duty is to give the children start-up support to start their own family. The bride and groom receive a dowry for the bride in the form of the marriage property and for the groom as part of an outfit.
Amount of funding regardless of the partner's income and assets
The prerequisite for the child's entitlement to equipment in the event of a marriage is that he or she does not have any assets of his own or does not have such a high income that allows sufficient savings to create a household of his own that is appropriate to the family situation. The amount of the dowry depends solely on the family circumstances of the beneficiary. Income and assets of the spouse are disregarded, no matter how wealthy they are.
Drugs and secret marriages are no-gos
But even destitute children are not always entitled to start-up help from their parents. For example, if the child marries against the parents 'wishes and the parents' reasons are justified, the child will receive nothing. Ultimately, the court must clarify whether the reasons are actually justified. The benchmark for the assessment is not the interests of the parents but the best interests of the child. For example, a possible endangerment of the marriage due to a court conviction for drug crimes and willful assault offenses is considered sufficient. However, the child's wedlock does not lose their fortune. The equipment obligation also does not apply if the marriage has been concluded secretly. THE. Partner lawyer Hutecek: "With that the child has legally forfeited its entitlement". The right to marriage property or equipment exists only once, namely at the time of the first marriage. If a child marries a second time, it is no longer entitled, regardless of why the first marriage was dissolved.
Appropriate for up to 30 percent of the annual net income
The amount of the equipment entitlement depends on the income and financial situation of the parents. In the case of real estate, it is not the capitalized earnings value that is the assessment basis, but the market value at the time of marriage. "In order to meet their financial obligations, parents can even be obliged to either sell or lend real estate or other goods." For parents who have a company, not only the income is the assessment basis but also the company value. In principle, around 25 to 30 percent of the parents' annual net income is considered appropriate. Both parents, i.e. father and mother of both the bride and the groom, have to fulfill the claim proportionately, i.e. not in solidarity, depending on their living conditions.
If the parents are unable to adequately meet their endowment obligation, this obligation can also apply to the grandparents.
Children who have their own income and assets have to cut corners
However, the child's entitlement is reduced if he or she has his own above-average income or has his own assets and is therefore able, even if only partially, to set up his own household with the savings. However, an average income alone does not reduce the grant entitlement.
Gifts on the occasion of the marriage, financial support during the marriage or services voluntarily provided for the marital household are to be offset against the equipment entitlement. However, not contributions towards the cost of the wedding or past maintenance or training costs.
When the entitlement arises and when it expires
The equipment claim arises with the engagement, but is only due at the time of the marriage. The entitlement presupposes the existence of the marriage and can therefore no longer be asserted after a divorce and thus retrospectively.
Entitlement to marriage property expires after three years
If it was not possible to reach an agreement with the parents about the amount of the equipment claim, an application can be made to the court for the marriage property or the equipment to be awarded. However, the right to the award of the marriage property expires after three years.
You can find more information on maintenance obligations at :
Pflügl - Hutecek Attorneys at Law
Oberndorfer Ortsstrasse 56a
Tel: 02782/83553 Fax: DW 55
Email: [email protected]
You can find other up-to-date information about your rights on the D.A.S. Legal protection AG
About the D.A.S. Legal protection AG:
Since 1956 the D.A.S. Rechtsschutz AG specializing in legal protection solutions for private individuals and companies in Austria. As an independent legal service provider, it offers comprehensive insurance coverage, professional support from highly qualified legal employees and a wide range of services including a 24-hour emergency hotline. The company's headquarters are in Vienna. The approximately 400 employees are available to customers in regional D.A.S. Branches distributed all over Austria with legal competence available. In recent years, the D.A.S. Austria strengthened its solid market position. In 2013, it generated a premium portfolio volume of EUR 63.8 million in direct business.
The the. Austria is part of the D.A.S., Europe's No. 1 in legal protection. Founded in 1928, the D.A.S. today in 16 European countries as well as in South Korea and Canada. The D.A.S. stands for the successful introduction of legal expenses insurance in various markets. The the. is the specialist for legal protection of the ERGO insurance group.
Disclaimer:The answers to the questions are for information only. They were given by the legal experts of the D.A.S. thoroughly researched. Nevertheless, Format online and the D.A.S. Rechtsschutz AG does not guarantee the topicality, correctness, completeness or quality of the information provided.
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- Petra.Huber Mon., July 23. 2018 13:33ReplyReport
Very great contribution. I would also highly recommend https://hochzeit-selber-planen.com to you.
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