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Amicable divorce
An amicable divorce / Divorce by mutual consent
Is it possible to have an amicable divorce in Austria? Would a divorce by mutual consent be possible and legally binding in Austria? If so, how? What can be agreed on in an amicable divorce contract applicable in Austria? Is it necessary to involve a lawyer in a divorce by mutual consent? What does a divorce by mutual consent if done in Austria actually involve? What limitations are there to an amicable divorce in Austria? What costs are involved in a divorce by mutual agreement in Austria? Can an amicable divorce agreement determine beforehand what is to happen to the children following divorce?
Questions such as these can be answered in broad terms as follows:
A divorce is a turning point in life for every (married) partner, a potentially devastating turning point, which is associated with far-reaching financial and personal consequences - all the more so if there are children. Forward-looking planning and legally compliant drafting of the divorce settlement are therefore essential. Having acquired decades of expertise in drawing up divorce settlements, Dr. Nademleinsky has written a book about it called Einvernehmliche Scheidung, (Amicable Divorce) which was published by Manz in 2020 (now in 2d edition).
The prerequisite for a divorce by mutual consent is a joint written agreement in which the property and maintenance claims between you and your spouse are regulated by mutual agreement and - if there are children from the marriage - an agreement is reached on child maintenance and custody of the child(ren). Since the 2013 Child Naming Amendment Act (KindNamRÄG), contact rights (formerly known as "visiting rights") must also be included in the divorce agreement. It is important to note that such an agreement must comply with Austrian law in order to be valid in Austria, for example child support rights cannot be waived.
Once the decision to divorce by mutual consent has been made, we can draw up the actual divorce agreement on the consequences of the divorce for you and prepare the divorce petition. In most cases, a divorce hearing can then be arranged at the court within a short period of time. You and your spouse must appear in person (except as otherwise agreed with the judge in exceptional circumstances), but experience has shown that this does not last longer than half an hour and normally takes place in private - usually in the judge's chambers. All in all, a divorce by mutual consent can be completed in just a few weeks.