Divorce Procedure in Austria
Divorce Procedure in AustriaUpdated on Wednesday 19th April 2017
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Couples in Austria who wish to dissolve a marriage can do so by invoking that the marriage has broken down and is irretrievable. While the causes for this may be multiple and will depend on the family’s issues, the Austrian law recognizes three types of divorce.
Both of the individuals should understand the conditions for divorce and the legal consequences of the separation before proceeding. The liabilities that may arise afterward can be resolved with the help of one of the lawyers in Austria.
The conditions for divorce in Austria
The grounds for divorce in Austria can be as follows:
- divorce by fault;
- divorce after a separation of at least three years;
- divorce by consent.
The spouse who feels that was wronged by the other can request the divorce by fault if the marriage has suffered an irremediable breakdown. The divorce by consent can be jointly requested if the spouses agree to do so. The condition for this joint petition is for the marriage partnership to have ceased at least six months prior.
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, this 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 fault for the divorce.
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 to the spouses. This can be accomplished by mutual renunciation if the couple is able to 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 parent’s 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.
The experts at our law firm in Austria can answer your specific questions regarding the division of assets and child custody in case of divorce.
You can contact us for more information and legal aid during a divorce.