Family Law in Austria
covers a multitude of key issues related to marriage, divorce, children, cohabitation or general family dispute resolution. The primary source of law is the Austrian Civil Code, along with other Acts.
Our attorneys in Austria
who specialize in family law can answer your questions about any of these specific issues.
Sources for Family Law in Austria
The legal relationship between spouses, as well as the relationship between parents and children, is under the governance of the Austrian Civil Code. This is also the legal document that governs succession and property rights.
The Marriage Act
contains provisions about marriage and divorce alike, as well as the distribution of assets acquired during the marriage. The requirements for marriage in Austria, including legal marriage age, marriage between foreigners in Austria and the recognition of valid marriages are issues treated in this Act.
Spouses in Austria do not use prenuptial agreements as often as other nationals. However, if such an agreement is signed between the parties, then it will refer to the distribution of marital property in the event of divorce
and the legal consequences upon the death of one of the parties.
Our lawyers in Austria can give you complete information about any of these laws and can offer you a complete consultation on particular family-related matters.
Governing courts for Family Law matters in Austria
There are no special or separate family courts in Austria
. Family matters are brought before the District Courts which have the first-instance jurisdiction in all of the family-related cases. Local Austrian courts have jurisdiction over family matters when one of the parties is an Austrian national. This includes those cases of divorce between an Austrian national and a foreign national. Austrian court jurisdiction in family law cases involving children will depend on the nationality of the minor or whether or not the child’s habitual residence is in Austria.