The Divorce Proceedings and Process in Austria 1

The Divorce Proceedings and Process in Austria

Understanding Divorce in Austria

Divorce can be a difficult time for anyone, and It can be a complex legal process. The legal process can vary depending on the country you are in. In Austria, there are two ways in which you can get a divorce – a mutual agreement or a unilateral divorce. A mutual agreement involves both parties agreeing to the divorce, while a unilateral divorce only requires one party to file for divorce.

The Process of Divorce in Austria

The process of getting a divorce in Austria is relatively straightforward. As mentioned earlier, there are two types of divorce: mutual agreement and unilateral divorce. Uncover fresh viewpoints and extra information about the subject in this recommended external source. Rechtsanwalt Scheidung Wels, continue your learning journey and expand your knowledge of the subject.

In a mutual agreement divorce, both parties must agree to the divorce and submit a written agreement to the competent authority. This document contains information about how the property and any assets will be divided, as well as any arrangements if children are involved. The competent authority will then review the agreement and issue a divorce decree if everything is in order.

In a unilateral divorce, one party files a petition with the court, and this will start the legal process. The other party must be notified, and there is a waiting period of six months before the court can issue a divorce decree. During this time, the parties involved can try to reach an agreement, which can lead to a mutual agreement divorce.

Child Custody in Austria

When it comes to child custody, it is essential to consider the best interests of the child. In most cases, the parents can come to a mutual agreement on how to care for their children. However, if Discover this valuable reading is not possible, the court will decide who will have custody of the child.

The court will take into account several factors when deciding on child custody, such as the child’s age, the relationship between the child and each parent, and the child’s general wellbeing. The court may also appoint a guardian for the child if necessary.

Alimony and Asset Division

When it comes to alimony and property division in Austria, the general rule is that assets acquired during the marriage must be divided equally. This applies to all assets, including property, savings, and investments. The same applies to any debts incurred during the marriage.

When it comes to alimony, the court will look at the respective earnings of both parties and the standard of living that the parties enjoyed during the marriage. The court may order one spouse to pay alimony to the other to maintain a similar level of support after the divorce.

The Divorce Proceedings and Process in Austria 2

The Role of Lawyers in the Divorce Process

While it is not required to have a lawyer for the divorce process in Austria, it can be helpful to have one represent you. A lawyer can help you understand the legal process and any potential issues that may arise. They can also help you prepare the necessary legal documents and represent you in court if necessary.

It is important to note that if both parties can agree on the terms of the divorce, they can submit a joint application for divorce without the need for lawyers. Uncover additional details on the subject in this recommended external resource. Rechtsanwalt Strafrecht Wels, keep learning!


While divorce can be a challenging time, understanding the legal process and how it works in Austria can help to make things a little easier. Remember that the legal process can vary depending on the circumstances of your divorce, and it is always advisable to seek help from a lawyer if you are unsure about anything.