Divorce in Austria: Laws, Costs, and Procedures
Divorce is one of life’s most challenging transitions, and when navigating it within the Austrian legal system, understanding the nuances of the law is essential. In Austria, divorce is primarily governed by the Marriage Act (Ehegesetz). While the system retains some traditional “fault-based” elements, it has evolved to prioritize amicable settlements and the well-being of children.
As of 2025, whether you are an Austrian citizen or an expatriate living in Vienna or Salzburg, the following guide covers everything you need to know about “divorce in Austria.”
1. The Three Primary Paths to Divorce
In Austria, you cannot simply “file for divorce” overnight. The law recognizes three specific routes to ending a marriage, each with its own set of requirements and timelines.
A. Mutual Consent Divorce (Einvernehmliche Scheidung)
This is the gold standard for ending a marriage in Austria, accounting for nearly 90% of all cases. It is faster, cheaper, and less emotionally draining.
- Requirements: Both spouses must agree that the marriage is irretrievably broken. They must have lived separately (though not necessarily in different apartments, provided there is no “marital community”) for at least six months.
- The Settlement: To qualify, the couple must submit a comprehensive agreement to the court covering asset division, spousal maintenance, child custody, and visitation rights.
B. At-Fault Divorce (Verschuldensscheidung)
If one spouse does not agree to a mutual divorce, the other may sue for an “at-fault” divorce. This is a litigious process where one party must prove that the other committed a “serious marital fault.”
- Grounds for Fault: Common grounds include adultery, physical or psychological violence, malicious abandonment, or “dishonorable conduct.”
- Consequences: The finding of fault is critical because it dictates spousal maintenance. A spouse found solely at fault may be legally obligated to pay “lifestyle maintenance” to the other.
C. Divorce After Separation
If one spouse refuses to divorce and no fault can be proven, the law provides a timeline for “automatic” divorce.
- 3 Years: If the couple has been separated for three years, the court will generally grant a divorce if it determines the marriage is dead.
- 6 Years: After six years of separation, the divorce is granted automatically upon petition, regardless of any “hardship” claims by the other spouse.
2. Division of Assets and the Principle of Property
Austria operates under a unique system regarding marital property. Unlike countries with “community property” rules, Austria follows the principle of separation of property (Gütertrennung).
What is divided?
Only assets acquired during the marriage are subject to division. This includes:
- Marital Utilitarian Assets: Furniture, household appliances, and the family car.
- Marital Savings: Bank accounts, stocks, and investments accumulated during the marriage.
What is NOT divided?
- Assets owned by either spouse before the marriage.
- Gifts from third parties.
- Inheritances received during the marriage.
- Assets required for a spouse’s professional business.
The Marital Home Exception
The family home is treated with special care. Even if the home was owned by one spouse before the marriage or inherited, a judge may award use of the home to the other spouse if they—or the children—have an urgent need for it.
3. Child Custody and Mandatory Counseling
The Austrian legal system is strictly “pro-child.” In 2025, the law remains firm that the child’s best interests are the primary consideration.
Joint Custody as the Default
Following a divorce, joint custody (gemeinsame Obsorge) remains the legal standard. This means both parents must agree on major life decisions like schooling, medical treatments, and religious upbringing. Sole custody is only granted in extreme cases involving abuse or neglect.
Mandatory Parenting Counseling
If you have minor children, the court will not grant a mutual divorce until both parents provide proof that they have attended mandatory parenting counseling. This session is designed to help parents understand the emotional impact of divorce on children.
4. Financial Obligations: Maintenance and Alimony
Child Support
The non-custodial parent (the one the child does not live with) must pay child support. This is calculated using the “percentage method” based on the parent’s net income:
- 0–6 years: 16% of net income
- 6–10 years: 18% of net income
- 10–15 years: 20% of net income
- 15+ years: 22% of net income
The amount may be adjusted if the parent has other maintenance obligations.
Spousal Maintenance
In mutual divorces, spouses often waive maintenance if both are earners. However, in at-fault divorces, a spouse who is unable to support themselves due to age, health, or childcare duties may be entitled to 33% of the other spouse’s net income.
5. Estimated Costs and Timelines for 2025
Understanding the financial burden is key to planning.
- Mutual Divorce Fees: The court fees are standardized. As of 2025, expect to pay approximately €768 in total (€384 for the initial petition and €384 for the final settlement).
- Contested Divorce Fees: These are significantly higher. Court fees start around €410, but lawyer fees can range from €200 to €500 per hour. A contested divorce can easily cost between €5,000 and €20,000 depending on the length of the trial.
- Timeline: A mutual divorce is usually finalized within 2 to 4 months. A contested divorce can drag on for 1 to 3 years.
6. International Divorces: Expats in Austria
If you are not an Austrian citizen but live in the country, you can still divorce here. Under the EU Brussels IIb Regulation, Austrian courts have jurisdiction if:
- Both spouses have their habitual residence in Austria.
- The last common habitual residence was in Austria and one spouse still lives there.
Warning for Visa Holders: If your residency permit (Red-White-Red Card) is based on your marriage to an Austrian or EU citizen, a divorce may affect your right to stay. You should consult an immigration lawyer before finalizing the decree.
7. Final Steps: The Court Hearing
In Austria, you cannot divorce by mail. Both spouses must appear in person before a judge at the District Court (Bezirksgericht).
- The Hearing: The judge will confirm that both parties understand the consequences of the divorce and that the settlement is fair.
- The Decree: Once the judge signs the decree, you have 14 days to appeal. Most couples waive their right to appeal on the spot, making the divorce final immediately.
Summary Checklist for Divorce in Austria
- Ensure you have been separated for at least 6 months (for mutual divorce).
- Gather marriage certificates and children’s birth certificates.
- If applicable, attend the mandatory § 95 parenting counseling.
- Draft a settlement agreement (assets, maintenance, custody).
- File the petition at your local Austrian District Court.
Disclaimer: This article provides general information and does not constitute legal advice. Marital laws are complex; always consult with a qualified Austrian family lawyer for specific cases.
