Divorce: what steps?
5 tasks in suggested order
1. Choose the divorce route: consensual or contested
In Austria, divorce is primarily either by mutual consent or contested. For a divorce by mutual consent, both spouses must want the divorce and must also agree on its consequences.
For a divorce by mutual consent, the marital cohabitation must have been ended for at least six months and the marriage must be regarded as irretrievably broken down.
Official source: oesterreich.gv.at
2. Clarify arrangements for children, maintenance, housing and assets
The consequences of the divorce must be settled, especially for a divorce by mutual consent. This can include custody and child maintenance, spousal maintenance, the marital home, household property and savings.
Official source: oesterreich.gv.at
3. File the application or claim with the competent district court
Divorce is handled by the courts. Divorces by mutual consent are dealt with in non-contentious proceedings; district courts are generally competent in subject matter.
Competent district court; local jurisdiction follows the rules applicable to the particular type of divorce proceedings.
Official source: oesterreich.gv.at
4. Prepare the agreements and evidence required by the court
Prepare the civil-status documents required for your type of divorce and, for a divorce by mutual consent, the agreement on the consequences of the divorce. Any additional evidence depends on the individual case.
At the competent district court or according to that court’s procedural instructions.
Official source: oesterreich.gv.at
5. After the divorce, update names, documents and contracts
A former family name is not automatically resumed after divorce. If you change your name, the affected documents, authorities and contractual partners must then be updated.
Official source: oesterreich.gv.at
