Wikiprocedure > Austria


Austria - Getting Amicable Divorce

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Procedure[edit]

  1. Submit a petition for a divorce to the district court.
  2. After receiving the application, the court shall set a hearing date on which the spouses must appear.
  3. A decision will be made regarding the petition. Anyone against the decision may file an appeal within 14 days from the issuance of the appeal. Once the time expires, the decision will be in force, making the divorce final and cannot be overturned by any legal means.


Note:

  • Any of the parties may withdraw the divorce petition.
  • From 1 February 2013 are bound the parties to an amicable divorce, when minor children have to certify to the court prior to the conclusion or an initiative to regulate the consequences of divorce that they have about the specific results from the divorce needs of their minor children at an appropriate person or entity seek advice.
  • For more information, visit the website of Federal Ministry of Justice.
http://www.justiz.gv.at/web2013/html/default/home.en.html;jsessionid=0E835B4F200F26C5818BFF8883710CE4



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Required Documents[edit]

  • Marriage Certificate
  • Proof of citizenship of the wife / spouse
  • Official identification of Wife / Husband
  • Confirmation of the message
  • If necessary, birth certificates of children
  • Documents relating to the assets to be distributed (Deed, lease , etc. )



Office Locations & Contacts[edit]

Federal Ministry of Justice

1070 Vienna, Museumstr. 7

Contact Numbers: Tel: 01/526 36 86 / 0800-99 99 99 (From 8:00am to 4:00pm)

Email Inquiry Form: http://www.courts.justiz.gv.at/web2013/html/default/kontakt.de.html;jsessionid=26A63FAE8BDB67072BB5A12927CA5A1D


District Courts

To do a search: http://www.courts.justiz.gv.at/web2013/html/default/8ab4a8a422985de30122a90e378661ef.de.html



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Eligibility[edit]

Provide eligibility criteria's for going through this procedure.



Fees[edit]

  • Divorce Petition: 266 EUR (total)
  • Additional Fees: 266 EUR (total)
  • If needed, the agreement of transfer of ownership of immovable property or other rights grounds: 398 (total)


Note:

  • The spouses are jointly and severally liable for the charges. If the spouses was represented by an amicable divorce lawyers / attorneys, the legal costs will be shouldered by both spouses.



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]

Basically, the district court in whose district the spouses have the last common habitual residence or had will be the one in charge of the divorce proceedings.



Required Information[edit]

The divorce agreement must contain an agreement on the following:

  • The division of marital assets and marital use savings or debt
  • The mutual entertaining legal claims
  • If appropriate, the custody of the children
  • If necessary, the maintenance obligation towards the common children
  • If appropriate, the rules governing the exercise of the right contact (formerly visitation rights) to common children



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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.

Spouses who are no longer living together for at least 6 months and no longer sees their relationship going back to the way it used to be may jointly apply for an amicable divorce. A divorce by mutual consent requires that the spouse / spouses have agreed on the divorce and its consequences. This request may be delivered orally or in writing. Parties must make a divorce settlement. This Agreement may also be given orally in court on the record or in writing, for example, was annexed to the divorce application is submitted.



Information which might help[edit]

Enter other informations which might help



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]

  • Austrian Government Portal
https://www.help.gv.at/Portal.Node/hlpd/public/content/10/Seite.100010.html#einver



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Others[edit]

More information which might help people.