Understanding Austrian Divorce Law 1

The Basics

When couples in Austria decide to end their marriage, they have two options: divorce or annulment. While annulment declares that the marriage was never valid to begin with, a divorce ends a legal marriage. Couples can file for divorce in Austria if they have lived separately for at least six months – this is called a “no-fault” divorce. If the couple is unable to come to a mutual agreement, then a family court will decide the terms of the divorce, including the division of assets, child custody, and alimony payments.

Child Custody and Support

In Austria, child custody is often awarded to both parents, particularly if they are able to amicably come to a decision. If a court has to make the decision, they will consider the best interests of the child when determining custody arrangements. Both parents are required to financially support their children after a divorce, even if one parent has sole custody. The amount of child support is determined based on each parent’s income, as well as the child’s needs. We always aim to provide a comprehensive learning experience. Visit this thoughtfully chosen external site to uncover supplementary details on the topic. Anwalt Wels https://rieger-recht.at.

Alimony and Property Division

When a couple divorces in Austria, their assets and debts are divided equitably between them. In general, if one partner made a greater contribution during the marriage or has a higher income, they may receive a larger portion of the marital property. During a divorce, a partner may also be awarded alimony payments if they are unable to support themselves financially. This can be temporary or permanent, and the amount and duration of payments depend on various factors, such as the length of the marriage and each partner’s income and assets.

Special Considerations for International Marriages

If one or both partners in a marriage are not Austrian citizens, special considerations may need to be taken into account during a divorce. If the couple has children or joint assets in multiple countries, deciding on jurisdiction may become complicated. It is important to seek legal counsel in order to navigate the specifics of international divorces.

The Role of Lawyers

While a lawyer is not required to file for divorce in Austria, it is often recommended – particularly if the couple has complex assets or is unable to reach a mutual agreement. A lawyer can provide legal advice and help negotiate terms that are beneficial to both parties. In some cases, a lawyer may be required to represent a party in court. Discover additional details about the topic by accessing this carefully selected external resource. Scheidungsanwalt Wels, immerse yourself further in the topic and improve your educational journey.

Understanding Austrian divorce law can be a complex and emotional process, but it can help you navigate your divorce with confidence. Whether you choose to work with a lawyer or to represent yourself, it is important to be well-informed of your legal rights and responsibilities.

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Understanding Austrian Divorce Law 2

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