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Austria - Change Name After Divorce

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Procedure[edit]

  1. Obtain all necessary documents.
  2. Go to the competent authority to begin the process of changing your name after the divorce.



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Required Documents[edit]

  • Confirmation of the message
  • Birth certificate
  • Marriage certificate (s)
  • Decree of divorce or divorce decision with legal force confirmation
  • Proof of citizenship
  • Official photo identification
  • In some cases, documented proof of a degree



Office Locations & Contacts[edit]

Registry Offices

To locate a registry office: https://www.help.gv.at/linkaufloesung/applikation-flow?leistung=LA-HP-RL-StandesamtHauptwohnsitz&flow=LO&quelle=HELP


District Administrative Authority

To search for a District Admin. Authority: https://www.help.gv.at/linkaufloesung/applikation-flow?leistung=LA-HP-RL-Namensaenderung&flow=LO&quelle=HELP


Vienna

Municipal Department 35

Immigration, Citizenship and Registry Offices - office management

1200 Vienna Road 93, Block C

Map: http://www.wien.gv.at/advuew/internet/AdvPrSrv.asp?Layout=stelle&Type=K&STELLECD=2001010316005443&BVT=&KARTE=Y&INFO=&ORT=

Home: http://www.wien.gv.at/verwaltung/personenwesen/

Email: post@ma35.wien.gv.at

Service number: +43 1 4000 3535

Fax: +43 1 4000 9935010

Senate Councillor - Head of Department: +43 1 4000 35011

Upper Municipal Councillor - Deputy Head of Department: +43 1 4000 35013 50 00711

Office hours:

Monday to Friday 7:30 am 15:30 clock, Thursday additionally von 15:30 bis 17:30 clock

Except public holidays, Good Friday, Christmas Eve (24.12.) and New Year's Eve (31.12.) of 7:30 to 12:00 clock



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Eligibility[edit]

Provide eligibility criteria's for going through this procedure.



Fees[edit]

For the application: 14.30 EUR



Validity[edit]

Explain the time until which the certificate/document is valid.
e.g. Birth Certificate Valid Forever



Documents to Use[edit]

Please attach documents which can be used by people who would like to follow this procedure.    



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Sample Documents[edit]

Please attach sample completed documents which would help other people who would like to follow this procedure.    



Processing Time[edit]

Please explain processing time taken in obtaining the document/certificate.



Related Videos[edit]

Videos explaining the procedure or to fill the applications. 
Attach videos using the following tag <&video type="website">video ID|width|height<&/video&> from external websites.
Please remove the "&" inside the tags during implementation.
Website = allocine, blip, dailymotion, facebook, gametrailers, googlevideo, html5, metacafe, myspace, revver, 
sevenload, viddler, vimeo, youku, youtube
width = 560, height = 340, Video ID = Can be obtained from the URL of webpage where the video is displayed.
e.g In the following url "http://www.youtube.com/watch?v=Y0US7oR_t3M" Video ID is "Y0US7oR_t3M". 
	



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Instructions[edit]

Competent authority

  • Of divorced spouses: the registry office of the last marriage (the application can also be introduced at any registry office in Austria)
  • For the children: the district administrative authority of the place of residence or habitual residence, or the last place of residence or habitual residence in Austria:
    • In cities with their own statute: the magistrate
    • In Vienna: the Municipal Department 35 (also known as district administrative authority for people who never had a place of residence or have had habitual residence in Austria)
    • The district administration



Required Information[edit]

A list which displays the kind of information which is required to complete the procedure.
e.g.
1. Date of Birth.
2. City or County of Birth.



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Need for the Document[edit]

Dissolution of marriage or divorce is the termination of marital union between married couple. It results in cancellation of all legal duties and responsibilities between husband and wife.

If a marriage dissolved, the spouses may take any lawful conducted earlier family name.

Changes in the name of the parents or a parent, like after a divorce, may lead to the determination of the child's name. It will be decided by the parents (in an upright double or joint custody after divorce), in the case that the other parent's consent or the consent can not be obtained at a reasonable cost, sufficient explanation would be enough. Children who are mentally competent and aged 14 years old and above can decide which name to take, if the parent has sole custody, the other parent must be informed of the child's choice of name.

For inquiries, please contact the responsible registry office.



Information which might help[edit]

Legal Grounds for Changing Name

To make the change Familien-/Nachnamen, one of the legal grounds enumerated here must be:

  • The previous Familien-/Nachname acts ridiculous or offensive
  • The previous Familien-/Nachname is difficult to pronounce or difficult to write
  • The applicant / the applicant is of foreign origin, and wants a family name / her it facilitates classification in domestic:
    • This request for the name change must be made ??within two years after the acquisition of Austrian citizenship are introduced
  • The applicant / the applicant wants a family name she / he been in good faith , to be entitled to out has
  • The applicant / the applicant wants a family name she / he performed earlier right has
  • The pros and Familien-/Nachname and the day of birth , the applicant / the applicant are consistent with the corresponding data of another person so agree that it mistakes may occur
  • The applicant / the applicant wants a name or names, even after determining a surname under 93 to 93c of the General Civil Code obtained (Civil Code)
  • The applicant / the applicant intends, even after a surname Identification according to 155 Civil Code will
  • The applicant / the applicant wishes to obtain a last name that is the same as that of their registered partner / registered partner of his, so that may also be connected to the application as a highly personal, non-derivable his previous legal name preceded or followed
  • The minor applicant / the applicant to the minors last name of the person to receive that has the custody (or joint custody of the plays), or in the care she / he is and the care relationship is not only intended for a short time
  • The applicant / the applicant holds Austrian citizenship alongside another citizenship and wants a family name that he / she is already legally transferred to another staff regulations. The purpose of this name change is to perform the same name after the two native rights.
  • The applicant / the applicant can demonstrate that the change of the family name is needed to undue disadvantages in economic terms or in his / her social relationships and avoid that these disadvantages can not be averted in any other way
  • The applicant / the applicant wishes of other reasons, a different family name ("Preferred Name")


NOTE: Since 1 April 2013 carrying a double name is allowed on children. For more information about naming rights: https://www.help.gv.at/Portal.Node/hlpd/public/content/8/Seite.081100.html


Change of first name

For the change of first name of one of the enumerated statutory grounds must be here:

  • The former first name acts ridiculous or offensive
  • The former first name is difficult to pronounce or difficult to write
  • The applicant / the applicant is of foreign origin and want a name that / her it facilitates classification in domestic:
    • This request for the name change must be made ??within two years after the acquisition of Austrian citizenship are introduced
  • The applicant / the applicant wants a first name, he / she been in good faith , to be entitled to out has
  • The applicant / the applicant wants a first name, she / he performed earlier right has
  • The first and last name and date of birth of the applicant / the applicant are consistent with the corresponding data of another person so agree that it mistakes may occur
  • The applicant / the applicant can demonstrate that the change of first name is necessary to undue disadvantages in economic terms or in his / her social relationships and avoid that these disadvantages can not be averted in any other way
  • The applicant / the applicant wishes of other reasons a different name ("Preferred Name")
  • The minor adopted child should have a different first name or any other name than receive him at the birth were given:
    • This request for the name change must be made ??within two years after adoption or acquisition of Austrian citizenship are introduced
  • The applicant / the applicant intends to change his / her religion received a standing in a special relationship with the religious community nunmehrigen name or place a standing in a special relationship with the former religious community name:
    • This application must be brought within two years after the change of religion
  • The first name does not match the gender of the applicant / the applicant



Other uses of the Document/Certificate[edit]

Please explain what are other uses of obtaining this document/certificate.
e.g. Birth Certificate can be used as proof of identity.



External Links[edit]

  • Divorce
http://en.wikipedia.org/wiki/Divorce
  • Name Change Law
http://www.ris.bka.gv.at/GeltendeFassung.wxe?Abfrage=Bundesnormen&Gesetzesnummer=10005648
  • Austrian Government Portal
https://www.help.gv.at/Portal.Node/hlpd/public/content/233/Seite.2330200.html and https://www.help.gv.at/Portal.Node/hlpd/public/content/233/Seite.2330300.html



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Others[edit]

Follow the link below if you would like to receive email notification about renewing your passport or making some modifications on your passport information.

https://www.help.gv.at/notify/applikation-flow?gf=RPASS&quelle=HELP