Beste Scheidung und Trennung Anwälte in Österreich

1. About Scheidung und Trennung Law in Austria

In Austria, Scheidung (divorce) and Trennung (separation) are governed primarily by the Allgemeines Bürgerliches Gesetzbuch (ABGB) and the Zivilprozessordnung (ZPO). The court system handles both fault based and no fault divorce scenarios, with child welfare and maintenance for both spouses and children guiding decisions. The process can involve agreement between spouses or a court proceeding initiated by one party, depending on the chosen path.

Key concepts in Austrian family law include custody, visitation rights, and maintenance. Courts prioritise the best interests of the children when determining parenting arrangements and child support. Property and debt division depend on the marital property regime chosen by the couple or set by the court if no agreement exists. For procedural steps, most divorces pass through the civil courts under the ZPO framework.

For residents seeking precise statutory text, the primary sources are the ABGB and the ZPO, supplemented by citizen guidance from official portals. See official references for statutory text and procedure: RIS for statutory provisions, and help.gv.at or justiz.gv.at for practical guidance.

According to official Austrian resources, divorce can proceed either by mutual agreement (einvernehmliche Scheidung) or by a court decision (Scheidungsklage), with consideration given to child welfare and asset division.

Useful official sources:

• RIS - Rechtsinformationssystem des Bundes - contains the Allgemeines Bürgerliches Gesetzbuch (ABGB) and other statutes related to family law.
• Justiz - Austrian justice portal - provides information on divorce procedures and court processes.
• help.gv.at - official citizen portal with step by step guidance on Scheidung und Trennung and related rights.

2. Why You May Need a Lawyer

Engaging a lawyer early can help protect your rights and speed up proceedings in Austria. Below are concrete situations where legal counsel is particularly helpful.

• You and your spouse disagree on the separation date or whether the marriage is irreparably broken, making a no fault divorce contested.
• Child custody, custody rights, and residence arrangements require a formal agreement or a court decision to ensure the child’s welfare is prioritized.
• Maintenance for a non working spouse or for dependent children must be calculated and possibly enforced, requiring precise income, asset and duration assessments.
• Assets and liabilities must be divided under the chosen marital property regime, which often needs a legal review to avoid future disputes.
• You or your spouse live abroad or own assets abroad, creating cross border issues that require international family law experience and coordination.
• There has been violence or coercion in the relationship, raising safety concerns and the need for protective measures alongside divorce proceedings.

3. Local Laws Overview

The Austrian legal framework for Scheidung und Trennung rests on a small set of core statutes and procedural rules. The ABGB provides the substantive rules on marriage, divorce grounds, maintenance, and child custody, while the ZPO governs how cases are litigated in court. Online and in person resources from official portals help residents understand their rights and the steps to take.

The ABGB covers the general rules on marriage, dissolution, and the rights and duties of spouses, including maintenance and parental rights. The ZPO details how to file for divorce, service of documents, court timelines, and appeals. For practical guidance, official sources like help.gv.at and justiz.gv.at explain procedural steps in plain language.

• Allgemeines Bürgerliches Gesetzbuch (ABGB) - main civil code governing marriage, divorce, maintenance, and parental rights.
• Zivilprozessordnung (ZPO) - governs the procedural steps for divorce cases, including filings, hearings, and evidence.
• Family law guidance and procedural details - provided through official portals such as help.gv.at and justiz.gv.at for residents seeking actionable steps.

Recent trends and practical notes:

• There is ongoing emphasis on mediated solutions and coordination of parenting plans to reduce conflict in divorces. Online filing and electronic communications have been expanding in Austrian courts to streamline processes.
• Cross border and international aspects are increasingly common, requiring coordination with international family law principles when one parent lives outside Austria or when assets are abroad.

Official guidance notes that no double standard exists for custody and maintenance decisions, and courts aim for the child’s best interests while balancing parental rights.

Official sources for further reading and current guidance:

• Justiz.gv.at - court procedures and family law information.
• Help.gv.at - citizen oriented guides on divorce and separation.
• Statistik Austria - national statistics related to families and divorce trends.

4. Frequently Asked Questions

What is the difference between divorce and separation in Austria?

Separation means spouses no longer live together, but the marriage remains legally intact. Divorce ends the marital status and settles custody and financial obligations. A divorce can be granted based on mutual agreement or a court decision.

How do I start the divorce process in Austria?

You start by choosing an approach: einvernehmliche Scheidung (joint petition) or Scheidungsklage (divorce action). You or your lawyer file the petition with the competent court, together with supporting documents such as birth certificates for children and proof of income.

What are the typical costs of a divorce in Austria?

Costs vary by method and complexity. A straightforward, uncontested divorce generally has lower costs than a contested case with custody or asset disputes. Legal fees and court fees apply, and legal aid may be available in some circumstances.

Do I need a lawyer for an uncontested divorce in Austria?

While not always mandatory, having a lawyer is highly advisable for uncontested divorces to ensure proper documentation, accurate asset and maintenance calculations, and a sound parenting plan if children are involved.

How long does a typical Austrian divorce take?

Uncontested divorces often take a few months, depending on court queues and how quickly parties reach agreement. Contested divorces can take significantly longer, frequently 6 to 12 months or more, depending on complexity.

Can I file for divorce if my spouse lives abroad?

Yes, Austrian courts can handle divorces where one spouse resides abroad, but international jurisdiction and service of process rules apply. Coordination with foreign law may be necessary for enforcement of orders.

What determines child custody and access in Austria?

Custody decisions prioritize the child’s best interests, typically favoring joint custody where feasible. The court may grant residence rights and a parenting plan detailing visitation or regular contact arrangements.

How is child support calculated in Austria?

Child support in Austria uses the child maintenance guidelines, considering the child’s needs and the parents’ incomes. Courts can modify amounts based on changes in income, custody arrangements, or the child’s needs.

What if we disagree on asset division after separation?

The court will determine fair division based on the marital property regime and contributions of each spouse. A lawyer can help negotiate an agreement or represent you in court to safeguard your interests.

Is mediation required for divorce in Austria?

Mediation is encouraged to resolve disputes amicably, especially around parenting plans and asset division. In some cases, courts may require or strongly recommend mediation before a hearing.

What documents should I prepare for filing for divorce?

Key documents include marriage certificate, birth certificates for children, proof of earnings and assets, and any existing prenuptial or separation agreements. Your lawyer can provide a tailored checklist.

Do I need to notify my employer about the divorce?

Not required by law, but informing your employer can help with scheduling and ensuring access to necessary documents for maintenance or child care arrangements.

5. Additional Resources

Use these official sources for authoritative guidance and procedural steps.

• Justiz.gv.at - Official portal for Austrian justice, including family law procedures, court contact details, and guidance on divorce filings. https://www.justiz.gv.at
• Help.gv.at - Citizen oriented information on family law, separation, and divorce steps, with practical checklists. https://www.help.gv.at
• RIS - Rechtsinformationssystem - Official statutory texts including ABGB and related family law provisions. https://www.ris.bka.gv.at

6. Next Steps

1. Clarify your goals and document your needs, including custody, maintenance, and property considerations. Set a realistic budget for legal fees and court costs.
2. Consult a family law attorney to assess your case, explain options, and determine whether a no fault or fault based path is best for you.
3. Gather essential documents: marriage certificate, birth certificates of children, income proof, asset statements, and any prior agreements.
4. Decide on a strategy: pursue einvernehmliche Scheidung if possible, or prepare for Scheidungsklage if negotiations fail.
5. If applicable, explore mediation or collaborative law to craft a parenting plan and asset division with minimal conflict.
6. Engage your chosen attorney to file the petition or respond to a petition, and review all court-advised timelines and deadlines.
7. Prepare for court hearings by organizing documents, testimony, and a clear plan for parenting arrangements and maintenance. Expect a range of 3-12 months for uncontested simplified cases and longer for contested matters.