If you want to get a divorce in Austria, you can be represented by our specialists. Our Austrian attorneys can explain the rights and procedures involving a separation by mutual consent or in the court of law. Please explore this article and find out some important information about the divorce procedure in Austria.
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Divorce types in Austria
These are the types of divorce in Austria:
- divorce by fault;
- divorce after a separation of at least three years;
- divorce by consent.
One of our attorneys in Austria can help you define the grounds for divorce, especially in those cases where the marriage is broken by fault, which can mean that one of the spouses was unfaithful or has caused physical harm to the other. If the couple has been living apart for three years, there is no need to assess or establish faults for the divorce.
How is the mutual consent divorce done in Austria?
Divorce by mutual consent in Austria is probably the easiest way to separate. This does not involve many legal aspects because the spouses can agree on:
- custody, if minor children are involved in the marriage,
- common property distribution,
- alimony,
- visiting hours after custody is settled, etc.
With the help of our Austrian lawyers, you can be represented in everything that divorce by mutual consent entails. Moreover, consensual divorce in Austria might take around 2-4 weeks to be settled.
Reconciliation period for getting a divorce in Austria
According to Austrian Law, couples are not obliged to attempt to save the marriage before the official separation/divorce. Nevertheless, if the court of law and the judge believe that the marriage can be saved, spouses may be recommended to take 6 months for reconciliation and mediation. If this is not an optimal solution, the divorce proceedings continue after 6 months. Assistance in getting a divorce in Austria can be provided by our attorneys, who can represent each spouse.
The divorce process in the court of law in Austria
When the spouses cannot divorce by mutual consent, the separation is done in the court of law. Here’s what this entails:
- the divorce process starts with a court petition. This is known as a contentious divorce (Antrag);
- the spouses must file a joint petition if the divorce is consensual. On the other hand, one of the spouses must apply for an at-fault divorce in Austria;
- once the petition is accepted by the Austrian court, a hearing date is settled. In this stage, both spouses must be present and undergo a set of questions related to the separation;
- the court will then decide on the divorce petition and provide 2 weeks for possible appeals. If there are no appeals involved, the divorce decision can be settled and papers signed.
It is quite difficult to get through these moments, especially in the court proceedings. We recommend that you work with our Austrian divorce lawyers and find out more information about how we can represent you in this situation.
Divorce statistics in Austria
Here are some statistics about divorce in Austria:
- According to the National Office for Statistics, around 14,963 divorces were registered in Austria in 2024.
- Around 36.5% was the total divorce rate in Austria in 2024.
Legal consequences of a divorce in Austria
The most important consequences of a divorce in Austria are the custody of the children and the division of property between the spouses. This can be accomplished by mutual renunciation if the couple can agree on how to divide the property or properties. Should they not agree on a proper division, the court will decide how to divide them. The matrimonial assets are those accumulated jointly, and the matrimonial savings are the investments that have been made while the couple was living together.
The Act on Children is the main legal source for the treatment of minor children in case of the parents’ divorce. In most cases, both parents are allowed to retain their joint parental responsibilities. If one of them wishes to have full custody, he or she may file an agreement for the child’s primary place of residence. The Court in Austria may award joint parental responsibility if it is in the child’s best interest, even if one of the parents expressly refuses so.
If you are interested in other legal services besides divorce representation in Austria, you can opt for our services. We can guide you, for example, in immigration to Austria and related processes. With our support, you can obtain residency in Austria. Foreigners who already live in this country and want details about citizenship in Austria can also work with you. We invite you to contact our law firm in Austria for any kind of legal problem you want to solve.