Divorce in Austria in 2026: Mutual Agreement, Court Proceedings and Maintenance

In Austria, there are two main ways to divorce: by mutual agreement or through contested court proceedings. The two options differ considerably in cost, timing and how property, children and maintenance are handled. This guide explains the main rules for 2026.

Divorce by mutual agreement: requirements

Divorce by mutual agreement (einvernehmliche Scheidung) is not a contested lawsuit but a non-contentious proceeding (Außerstreitverfahren). You must have been separated for at least half a year and both spouses must consider the marriage permanently broken down. Separation does not necessarily mean living in separate homes.

The application is submitted jointly, either in writing or orally on the court's public office day (Amtstag). As a general rule, this is every Tuesday. The official form must be used.

The divorce agreement (Scheidungsvereinbarung) must deal with:

• the division of jointly used property, savings and debts;
• mutual maintenance claims;
• where applicable, custody of joint children (Obsorge);
• where applicable, child maintenance;
• where applicable, contact rights (Kontaktrecht, formerly Besuchsrecht).

If the agreement is not ready before the hearing, it can also be concluded at the hearing. The court can assist and record it in the minutes.

Contested divorce: three possible routes

If the spouses do not agree, the divorce takes place as an ordinary civil lawsuit (streitige Scheidung). There are three possible forms:

1. Divorce based on fault: this may apply if one spouse seriously breaches marital obligations and irreparably disrupts the marriage. Adultery alone is not automatically a ground for divorce; the court must examine whether it contributed to the breakdown.
2. Divorce because the marital community has ended: if neither spouse is at fault and the other spouse does not consent, a successful claim may be filed after at least three years of separation. After six years of separation, the court will grant the divorce in any event.
3. Divorce for another reason: for example, because of a psychological illness and without fault. An irretrievable breakdown is also required in this situation.

At the beginning of the hearing, the judge attempts reconciliation and draws attention to mediation and the possibility of divorce by mutual agreement. The contested proceedings can be suspended at any time if the spouses decide to seek a mutual-agreement divorce.

How much does divorce cost in 2026?

• Application for divorce by mutual agreement: 406 euros for the couple together.
• Mandatory settlement at the hearing: 406 euros.
• Settlement involving the transfer of real-estate ownership: 609 euros.
• Filing a divorce claim in contested proceedings: 433 euros.

For a divorce by mutual agreement, both spouses are jointly and severally liable for the court fees, meaning that each is responsible for the full amount. Each person pays their own legal costs.

In a contested divorce, each person initially pays their own costs. At the end, the party that loses the case completely pays the other party's costs. If both parties win part of the case, the costs are divided proportionally. People with a low income may be able to apply for procedural assistance (Verfahrenshilfe) from the court, subject to certain conditions.

Deadlines and when the divorce becomes final

• Divorce by mutual agreement: the appeal deadline is 14 days from service; the legal remedy is a Rekurs.
• Contested divorce: the appeal deadline is 4 weeks from service; the legal remedy is a Berufung.

In a mutual-agreement divorce, the order becomes final immediately if both spouses waive their right to appeal. However, the divorce only takes effect upon service. Either spouse can withdraw the application until the order becomes final.

Important: after a contested divorce, claims concerning the division of marital property and savings can only be asserted within one year of the divorce becoming final. To marry again, you need a decision bearing a finality stamp (Rechtskraftstempel).

Spousal maintenance after divorce

The spouses' agreement is considered first. If there is no agreement, the statutory rules distinguish between cases according to fault.

If the court finds one spouse exclusively or predominantly at fault, that spouse must provide appropriate maintenance if financially able to do so. The following are non-binding, rough guidelines:

• The person entitled to maintenance has no income: 33% of the liable person's net income.
• The person entitled to maintenance has their own income: 40% of the spouses' combined net income, minus their own income.
• Equal fault and an equitable contribution: on average approximately 10-15% of the liable person's net income.

These percentages decrease if the liable person has other maintenance obligations, for example for a child. Regardless of fault, maintenance may be payable to a person who cannot reasonably be expected to support themselves because they care for a joint child.

Mediation and counselling

Mediation is voluntary, confidential and takes place outside court. An agreement signed as a result can be submitted to the court in a divorce by mutual agreement.

Family mediation costs 220 euros per hour per mediator family without support. Depending on family income and the number of children, support may be available if the selected mediator is eligible for it.

The first consultation provided by the bar associations (Erste Anwaltliche Auskunft) is free. Family counselling centres (Familienberatungsstellen) provide anonymous advice.

Which court is responsible?

Both procedures generally begin at the district court (Bezirksgericht) for the place where the spouses last had their common habitual residence.

What documents may be needed?

Typical documents include:

• the marriage certificate;
• proof of citizenship;
• a photo identification document;
• proof of registration of residence (Meldebestätigung);
• where applicable, the children's birth certificates;
• documents concerning property that is to be divided.

Practical steps

1. Decide whether mutual agreement is possible or whether a contested procedure is likely.
2. Identify the competent Bezirksgericht, generally based on the last common habitual residence.
3. Collect the marriage, identity, residence, child and property documents that apply to your situation.
4. If seeking a mutual-agreement divorce, prepare a Scheidungsvereinbarung covering property, debts, maintenance, custody, child maintenance and contact rights where relevant.
5. If there are minor children, obtain proof of the required parental counselling before a mutual-agreement divorce.
6. Consider mediation or obtain initial information from an Erste Anwaltliche Auskunft or a Familienberatungsstelle.
7. Track the applicable appeal deadline: 14 days for a mutual-agreement divorce and 4 weeks for a contested divorce.
8. For advice about your individual circumstances, contact a lawyer or another qualified legal professional.

This article is based on information from publicly available sources and is not legal advice. Use it at your own risk. Source: oesterreich.gv.at