Question 1

What costs arise for an amicable divorce in Austria?

Accepted Answer

For an amicable divorce, a court fee is payable, shared jointly by both spouses. The lawyer's costs depend on the scope of work and are frequently calculated as a lump-sum agreement. Where additional matters require regulation — such as division of assets, child maintenance, the marital home — costs increase accordingly.

Question 2

How long does an amicable divorce take?

Accepted Answer

From filing the joint divorce petition to the divorce hearing at the District Court, typically two to four months elapse in Vienna. If all relevant questions (division of assets, maintenance, custody) are already settled amicably, the court hearing is usually brief.

Question 3

Is there a separation year in Austria?

Accepted Answer

Austrian marriage law — unlike German law — does not prescribe a mandatory separation year. An amicable divorce requires that the marriage has been irretrievably broken down for at least six months. In contested divorces, other requirements apply under the EheG (fault, declaration of fault).

Question 4

What preparatory steps are usually taken before a divorce?

Accepted Answer

Before a divorce, the following questions are typically clarified: Is there a prospect of an amicable solution? Which assets belong to the marital property for use? What are the income circumstances? What arrangements need to be made for joint children? An initial legal orientation on these questions is customary.

Question 5

How is the marital home treated in a divorce?

Accepted Answer

The marital home counts under § 81 EheG as part of the marital property for use subject to division. The court decides in case of disagreement according to the principle of equity — with aspects such as housing needs (particularly where children are involved), ownership circumstances and financial sustainability playing a role. For rented properties, the transfer of the tenancy right is regulated in § 12 MRG.

Question 6

How does statutory succession work in Austria?

Accepted Answer

In the absence of a will, succession is governed by §§ 730 ff ABGB. In the first line, children and the spouse inherit: the spouse receives one third alongside children, two thirds alongside parents of the estate. If no closer relatives exist, further lines follow (grandparents and their descendants).

Question 7

What does Austrian forced heirship law provide?

Accepted Answer

The forced share is the legally guaranteed minimum portion of the estate for close relatives — under § 762 ABGB this includes the spouse, descendants, and in the absence of children, the parents. The forced share amounts to half of the statutory inheritance share. Even in the case of disinheritance by will, the forced share may be claimed under certain conditions.

Divorce law and inheritance law in Vienna

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