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Registered Partnership
- What is the difference between a registered partnership and a marriage?
- What rights does a registered partnership legally provide for?
- Can registered partners have the same surname?
- Can registered partners adopt a child together?
- Can partners in a registered partnership simultaneously have a partnership agreement?
- How can cross-border implications affect a registered partnership?
On the 1st of January 2010 the Austrian law providing for the registration of same-sex partnership took effect (the first 4 partnerships being registered on the 4th of January 2010 in Vienna). Followed nine years later by a decision by the Austrian Constitutional Court, heterosexual couples have also been able to register a civil partnership, just as same-sex couples can be married.
According to Austrian law registered partnerships are very close to marriage in terms of their legal significance: Registered partnerships in Austria can create legal provision for partner rights pertinent to to tax, labour, pension, immigration and civil law comparable to marriage. It also allows registered partners to take a common surname. Consequent to a ruling by the Austrian Constitutional Court in 2013, registered partners are also allowed to adopt children together.
Although it appears that the last formal differences between marriage and registered partnership - for example in the right to the formalities of getting married- have now been eliminated in Austria, there are still major legal challenges which may be present in a registered partnership, especially with regard to cross-border implications. Therefore, it is advisable to conclude a partnership agreement concomitant to registering a partnership. Should you be considering either a registered partnership or its dissolution, an experienced family lawyer who is specialized in international law could explain applicable Austrian law, navigate cross-border issues and draw up legally binding contracts as well as provide effective legal representation. Being such a lawyer, I would be happy to help you. contact.