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International Divorce in Austria
How does an international divorce work in Austria?
28/01/2025
Ruth Silbermayr
Author
In Austria, there are two main options for divorce:
1. An amicable divorce
An amicable divorce occurs when both spouses agree to the divorce.
The following conditions must be met:
- Both parties agree that they want a divorce.
- The couple has been separated for at least six months.
- The couple agrees on whether and how to divide marital assets.
- If the couple has children, both parties agree on how to handle child custody.
2. A contested divorce
A contested divorce occurs when the spouses do not agree.
There are three types:
- A divorce due to the sole fault of one party.
- A divorce due to the fault of both parties.
- A counterclaim, when one party accuses the other of sole fault, but that party is not at fault.
The following conditions must be met:
- One spouse may seek a divorce, often because the other has caused harm to the marriage, leading to its breakdown (divorce due to the fault of one party).
- Alternatively, a divorce may occur after the couple has been separated for at least three years, signifying the dissolution of their shared living arrangement.
- In contested divorces, unresolved conflicts—such as child custody arrangements—often require court intervention to reach a resolution, as the couple is unable to resolve these disputes amicably. One party’s unwillingness to resolve these conflicts is enough; the other party may not be at fault.
Child custody proceedings are separate from divorce proceedings in contested cases.
How does an international divorce work?
An international divorce is similar to a national divorce, with some differences:
- If one spouse does not speak German fluently, a court interpreter must be hired to assist during court proceedings.
- A court translator is required to translate important written documents. This usually occurs during the proceedings and can significantly prolong the process.
- The spouse living abroad is not required to hire a lawyer for the divorce to proceed. While having a lawyer can simplify the process, it is not mandatory. For example, in the case of my Chinese ex-husband, he initially hired a lawyer but later proceeded without one. This complicated the process significantly, but the divorce was ultimately finalized.
- The spouse living in Austria is also not required to hire a lawyer. However, in contested divorces, hiring a lawyer is recommended to help navigate the court system effectively.
- If one spouse lives abroad and does not have a lawyer, they must either: Hire a curator in Austria to receive important court documents on their behalf (a faster option), or have important court documents sent to their country of residence (a slower option). For example, in the case of China, this process can take considerable time, as certain documents must be sent through official judicial channels.
- Austrian courts lack jurisdiction in countries such as China, and custody agreements are not recognized there. However, divorce agreements are recognized in both Austria and China but must be legalized in China to be valid.
- If you lose the divorce case, you may be required to pay your ex-spouse’s legal and court fees, as well as a significant sum. In my case, my ex-husband sued me for 6,000 EUR, plus legal and court fees.
My Chinese ex-husband and I divorced in Austria, and I have shared my experience here. Although I won the divorce case, the entire situation caused me many sleepless nights. The divorce process took over 20 months, beginning with him filing for divorce and ending with the verdict.
Have you ever thought about getting a divorce?