Crossborder divorce
Divorce across borders
If spouses live in different countries, three questions arise: Which courts have jurisdiction? Which law applies? Will the decision be recognized in other countries?
The jurisdiction of the courts is uniformly regulated within the EU (the exception being Denmark). According to the relevant EU regulation (the so-called "Brussels IIb Regulation"), there are seven grounds of jurisdiction. The choice of the "right" court is of crucial importance. Whoever determines the place of jurisdiction can benefit both practically (no need to travel, knowledge of the court language, etc.) and legally, as the choice of court (at least indirecty) also determines which divorce law will be applied.
If an action is brought in Austria, the applicable divorce law is determined by the EU Regulation "Rome III". According to this, the law of the country in which the spouses live is primarily applicable. Otherwise, the law of the country in which they last lived applies if one spouse still lives there and the spouse who has moved away has not been gone for more than one year. If this does not apply either (because the spouses have been living in different countries for more than a year), the law of the country of common nationality applies. If there is no such state, the law of the court seized applies: in case of an Austrian Court therefor Austrian law.
Foreign divorces are generally recognized in Austria without the need for a separate official procedure. For decisions from other EU member states, this follows from the Brussels IIb Regulation, and for decisions from all other states from §§ 97ff of the Austrian Non-Contentious Proceedings Act. In exceptional cases, recognition of the foreign decision must be refused. This is particularly the case if a spouse's right to be heard has not been respected. If there is any doubt as to whether the decision can be recognized, it is possible to have the decision formally recognized.
A tactical approach is therefore necessary in cross-border divorces - even more so than in national cases. A quick decision is also often necessary. As a very experienced specialist in international family law with the law at my fingertips, I can support you specifically with my expertise.