Divorce, child custody, international parental disputes, prenuptial agreements and inheritance matters.
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If you and your spouse are from different countries, EU Regulation Rome III may determine applicable law. A family lawyer can advise on your specific situation.
Courts prioritise the child's best interests. International custody disputes may involve the Hague Convention. Always use a specialist family lawyer.
Browse our verified directory of law firms across Austria's major cities. All listed firms offer English-language legal services to expats and foreign nationals.
Find My Lawyer in 60 SecondsAustrian family law is governed by the Ehegesetz (EheG) 1938 (as substantially amended) for marriage and divorce, the ABGB (paragraphs 90-186 on family relationships, custody, maintenance), and the Ausserstreitgesetz (AussStrG) for family court procedure. The Familiengericht (Family Court, part of the Bezirksgericht) handles divorce petitions, custody, and maintenance.
| Route | Legal Basis | Court Fee | Minimum Timeline | Key Requirements |
|---|---|---|---|---|
| Einvernehmliche Scheidung (consensual) | EheG 55a | EUR 279 filing fee | 1-3 months from petition | Marriage min 6 months; both consent; Scheidungsfolgenvereinbarung on assets, custody, maintenance |
| Zerruettungsscheidung (breakdown) | EheG 55 | EUR 279 + litigation costs | 6-18 months | Irretrievable breakdown; 3-year separation period if contested |
| Verschuldensscheidung (fault) | EheG 47-49 | EUR 279 + litigation costs | 12-36 months | Serious matrimonial fault; fault allocation affects maintenance |
Austria's default matrimonial property regime is Guetertrennung mit Ausgleich - assets remain separately owned during marriage but are subject to division upon divorce under EheG 81-98. The eheliche Ersparnisse (marital savings) and the eheliche Gebrauchsvermoegen (furniture, household goods, family home) are divisible. Pre-marital assets, inheritances, and gifts from third parties are generally excluded (EheG 82). Parties may contract out with a Ehepakt (pre/postnuptial agreement) before a notary.
Child maintenance (Kindesunterhalt) is calculated using the Prozentsatzmethode: 16% of obligor's net income for one child under 6; 18% for one child 6-10; 20% for 10-15; 22% for 15+. The Unterhaltsvorschuss (state advance, up to EUR 282/month 2025) is available if the obligor defaults (Unterhaltsvorschussgesetz). Spousal maintenance post-divorce: court discretion under EheG 66, taking into account years of marriage and childcare sacrifice.
Andreas and Claudia, married 18 years with two teenage children, divorced following Andreas's business failure and Claudia's discovery of undisclosed foreign accounts. Claudia filed a Verschuldensscheidung. The Bezirksgericht Innsbruck appointed a Sachverstaendiger (expert) to value: family home EUR 680,000, mountain Ferienwohnung EUR 220,000, and business interests EUR 500,000. Final order: Claudia received the family home and spousal maintenance EUR 1,800/month for 5 years; Andreas retained the business and holiday apartment with an Ausgleichszahlung (equalization payment) of EUR 180,000 to Claudia. Both children chose primary residence with Claudia; Andreas granted Kontaktrecht of alternating weekends and school holidays.
