Understanding the Divorce Procedures in Austria 1

Legal Grounds for Divorce in Austria

Divorce procedures in Austria are governed by the Civil Code (Allgemeines Bürgerliches Gesetzbuch). According to the law, there are two legal grounds for divorce in Austria: Access this recommended external website and discover new details and perspectives on the subject discussed in this article. Our goal is to continuously enhance your educational journey alongside us. https://rieger-recht.at/.

  • No-fault divorce, which requires a separation period of at least six months
  • Divorce based on fault, which means one spouse’s behavior made it unbearable for the other spouse to continue the marriage.
  • Before filing for divorce, the couple must comply with the requirement of mediation. The mediation process aims to help couples consider alternatives to divorce and negotiate an agreement on major issues such as child custody, spousal support, and the division of assets and liabilities. If the mediation is unsuccessful, the couple can proceed with the legal divorce procedure.

    The Divorce Procedure

    The divorce proceedings in Austria can take up to six months to complete. The process starts with filing a petition for divorce to the Family Court (Familiengericht) of the district where at least one of the spouses has their residence. The petition must include the grounds for the divorce and the desired terms for child custody, alimony, and property distribution.

    The court serves the other spouse with a copy of the petition, and they may submit a reply within two weeks. After that, the court schedules a hearing date to discuss the case and allow both parties to present their evidence and testimony. If the marriage breakup is uncontested and both parties agree to the terms of the divorce, a court hearing may not be necessary.

    If the court approves the divorce, it issues a final judgment, which terminates the marriage. The judgment also includes a ruling on issues related to child custody, spousal support, and property distribution. If the spouses cannot agree on these issues, the court will decide based on the best interests of the child and the principles of fairness and equity between the spouses.

    Child Custody and Support

    Child custody in Austria is decided according to the best interests of the child. The court takes into account factors such as the child’s age, health, education, and relationship with both parents, as well as any history of domestic violence or abuse. The court typically grants joint custody unless one parent is unfit or the parents cannot agree on the child’s welfare.

    The non-custodial parent must pay child support according to a statutory formula that considers the income, expenses, and parenting time of each parent. Child support is usually paid until the child reaches the age of majority or becomes self-sufficient. However, in exceptional cases, such as disability, illness, or a prolonged education, child support can continue beyond that age.

    Property Division

    Property division in Austria follows the principle of equal partition of matrimonial assets, which means that both spouses have a claim to one-half of the value of the assets acquired during the marriage. This includes real estate, bank deposits, pension plans, and other investments. However, assets that either spouse brought into the marriage or inherited or received as a gift are not subject to equal partition.

    If the spouses cannot agree on how to divide the assets, the court will consider factors such as the duration of the marriage, the respective income and earning capacity of each spouse, and the contributions and sacrifices made by each spouse during the marriage. The court may order a sale of assets, a transfer of assets from one spouse to another, or a payment of compensation if one spouse receives more than the other.


    Divorce procedures in Austria follow a legal framework that aims to encourage mediation and negotiation and promote fairness and equality between the spouses. While the process can be emotionally challenging and complex, seeking legal advice and support can help couples navigate the procedure and achieve an amicable resolution that safeguards their interests and those of their children. For a complete educational experience, we recommend this external resource filled with additional and relevant information. Rechtsanwalt Strafrecht Wels, uncover fresh viewpoints on the topic discussed.

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