How does an uncontested divorce work in Austria?

The spouses must have ended their life together at least six months ago, both admit the irretrievable breakdown of the marriage and apply for the divorce jointly (§ 55a EheG). They apply to the district court (Bezirksgericht) for the area where they last lived together, in writing — the courts provide a free form — or orally on the court's advice day. The court summons both to a hearing, where they hand in this agreement or conclude it before the court. A court fee is charged.

Which parts of a divorce settlement in Austria need the court or a notary?

An agreement made in connection with the divorce proceedings needs no notarial deed, not even for the marital home and savings (§ 97 Abs 5 EheG). If land is to be transferred, the land register requires a public document or certified signatures (§ 31 GBG); a settlement concluded before the court meets that. What concerns the children, the parents agree before the court, which declares it ineffective if the child's welfare would otherwise be endangered (§ 190 Abs 2 ABGB).

What applies in Austria to an uncontested divorce with minor children?

Before concluding the agreement, the parents must show the court that they have been advised by a suitable person or body on their children's needs after the divorce (§ 95 Abs 1a AußStrG). The agreement settles in whose household the children are mainly cared for, custody, contact and child maintenance (§ 55a Abs 2 EheG). Joint custody continues after the divorce unless the parents agree otherwise before the court (§ 179 ABGB).

Why must a divorce settlement in Austria be signed by hand?

§ 55a Abs 2 EheG requires a written agreement, and a family-law declaration in written form is valid without a handwritten signature on paper only if a notary or lawyer confirms in the document that they explained it (§ 4 Abs 2 Z 1 SVG). So print the agreement and both sign it by hand. Without agreement on dividing the property, the claim lapses unless it is brought before the court within one year of the divorce becoming final (§ 95 EheG).

Divorce settlement for an uncontested divorce (Austria)

Name: Divorce settlement for an uncontested divorce (Austria)
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This document is in German

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The written agreement without which an Austrian district court (Bezirksgericht) may not grant an uncontested divorce under § 55a EheG, the Austrian Marriage Act: custody and the children's main home, contact, child maintenance, maintenance between the spouses, the marital home, household contents, savings, debts and a balancing payment. No notarial deed is needed (§ 97 Abs 5 EheG). The spouses must have lived apart for at least six months and, with minor children, attended parental counselling. The courts have a free form for the application. Because of § 4 Abs 2 Z 1 SVG, print and sign by hand. In German.

What you fill in

The details the document asks for.

First spouse
First spouse's academic degree
First spouse's date of birth
First spouse's address
Second spouse
Second spouse's academic degree
Second spouse's date of birth
Second spouse's address
Date of the marriage or civil partnership
Date the spouses stopped living together
District court (of the last shared habitual residence)
Children of the marriage who are minors
Children
Parent in whose household the children are mainly cared for
Custody after the divorce
The other parent's contact (days, holidays, public holidays, handover)
Child maintenance (who pays how much a month for which child, from when)
Maintenance between the spouses
Maintenance between the spouses: who pays whom how much, from when and for how long
Marital home (who keeps it, who moves out and by when, who pays the rent or loan)
Household contents, vehicles and other property in use (who gets what)
Marital savings: accounts, securities, savings contracts, insurance (who gets what)
Debts and loans (who bears them as between the spouses)
Balancing payment (who pays whom how much, and by when)
Other terms
City
Date

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Common questions

How does an uncontested divorce work in Austria?: The spouses must have ended their life together at least six months ago, both admit the irretrievable breakdown of the marriage and apply for the divorce jointly (§ 55a EheG). They apply to the district court (Bezirksgericht) for the area where they last lived together, in writing — the courts provide a free form — or orally on the court's advice day. The court summons both to a hearing, where they hand in this agreement or conclude it before the court. A court fee is charged.
Which parts of a divorce settlement in Austria need the court or a notary?: An agreement made in connection with the divorce proceedings needs no notarial deed, not even for the marital home and savings (§ 97 Abs 5 EheG). If land is to be transferred, the land register requires a public document or certified signatures (§ 31 GBG); a settlement concluded before the court meets that. What concerns the children, the parents agree before the court, which declares it ineffective if the child's welfare would otherwise be endangered (§ 190 Abs 2 ABGB).
What applies in Austria to an uncontested divorce with minor children?: Before concluding the agreement, the parents must show the court that they have been advised by a suitable person or body on their children's needs after the divorce (§ 95 Abs 1a AußStrG). The agreement settles in whose household the children are mainly cared for, custody, contact and child maintenance (§ 55a Abs 2 EheG). Joint custody continues after the divorce unless the parents agree otherwise before the court (§ 179 ABGB).
Why must a divorce settlement in Austria be signed by hand?: § 55a Abs 2 EheG requires a written agreement, and a family-law declaration in written form is valid without a handwritten signature on paper only if a notary or lawyer confirms in the document that they explained it (§ 4 Abs 2 Z 1 SVG). So print the agreement and both sign it by hand. Without agreement on dividing the property, the claim lapses unless it is brought before the court within one year of the divorce becoming final (§ 95 EheG).

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Divorce settlement for an uncontested divorce (Austria)

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