How is divorce regulated by Austrian law?
• Consensual divorce (die einvernehmliche Scheidung) is a simpler type of divorce, as both spouses have a desire to be legally separated.
•Divorce on the claim of one spouse due to the guilt of the partner (die strittige Scheidung) which is resolved by a court verdict.
Consensual divorce can only be applied:
• jointly by both spouses.
• Before filing the joint application, the spouse must live at least half a year apart.
• The two must continue to believe that their marriage is permanently and seriously disrupted.
• It is important to emphasize that “separated life” does not necessarily mean that you live in different addresses. Although they may still live in the same apartment, they need to have separate households. The proof would be, for example, the existence of separate bank accounts.
Lawyers who work with the association Privileg will gladly advise you pro bono.
In this way, the marriage is divorced based on a lawsuit of one partner, who must state the reason in it. The reason may be the fault of the spouse or his leaving the marital union.
A lawsuit can only be filed by a spouse who believes that the marital relationship is seriously and permanently disrupted due to the unacceptable behavior of the other spouse, and also that further cohabitation is impossible.
The respondent may file a joint guilt (Mitverschuldensantrag) or a counterclaim (Widerklage).
If the court decides that the defendant is not guilty, and if the counterclaim has no basis, the lawsuit is rejected, and the divorce doesn’t follow through.
However, there is a possibility for the partners to agree on a consensual divorce during the process. In that case, the provisions for that type of divorce apply.
“Scheidung aufgrund der Auflösung der häuslichen Gemeinschaft” may be required if the spouse cannot be proven guilty of divorce and/or if he or she refuses to agree to it.
The precondition is that married life does not exist for at least three years. The plaintiff must prove that the marital union cannot be saved. The court, however, can still dismiss a lawsuit if it is proven that the marriage is not permanently damaged or that the divorce would hit the other spouse extremely hard.
The process begins with the filing of a lawsuit (Klageschrift) by the spouse in the Municipal Court that has jurisdiction over the last joint residential address. Since the reason for filing the lawsuit must be well explained, we suggest you seek good legal advice in this case. If the court accepts the lawsuit:
We finance ourselves through free donations. Thank You!
IBAN: AT68 4715 0110 8875 0000