Registered Partnership in Austria: Formation, Requirements and Dissolution

In Austria, an eingetragene Partnerschaft (registered partnership) provides a formal legal framework for a long-term relationship alongside marriage. The rules described here were updated in 2026 and cover who can enter a registered partnership, how the process works and what happens when it ends.

What is a registered partnership?

A registered partnership is a long-term relationship involving mutual rights and obligations. In Austria, two people can enter one regardless of their sex.

There is no direct conversion between marriage and a registered partnership. If a married couple wants to enter a registered partnership, or registered partners want to marry, the existing relationship must first be dissolved by a court.

The legal basis is the eingetragene Partnerschaft-Gesetz (EPG).

Who can enter a registered partnership?

The requirements include:

• legal adulthood (Volljährigkeit);
• capacity to enter a partnership (Partnerschaftsfähigkeit);
• neither person has an existing marriage;
• neither person has an existing registered partnership;
• the people are not related in a direct line or related in the collateral line up to and including the fourth degree;
• there is no existing adoption relationship (Adoptivverhältnis).

The excluded family relationships include parents and children, grandparents and grandchildren, siblings, uncles and aunts, and cousins. Half-siblings are also included.

A registered partnership formed under coercion is punishable before a court in Austria.

How is a registered partnership formed?

The process has two stages.

1. Preliminary procedure: before the partnership is formed, an oral hearing takes place. The submitted documents are reviewed to determine whether the people are entitled to enter the partnership. Minutes are prepared.
2. Formation ceremony: both people must appear together and in person at the registry office (Standesamt). The registrar asks each person separately and consecutively whether they wish to enter the partnership. After an affirmative answer, the registrar declares that they are legally joined partners.

Normally, two witnesses are present. At the couple’s request, one witness is sufficient, or the ceremony can take place without witnesses. The partnership comes into existence when the minutes are recorded.

The ceremony may also take place outside the registry office if the location is appropriate and suitable for the occasion.

Which documents are required, and what does it cost?

The required documents are the same as those needed when registering a marriage (Anmeldung zur Eheschließung). The registry office provides information about the costs; no specific amount is given.

If you disagree with a decision by the registry office, you can submit a complaint to the provincial administrative court (Landesverwaltungsgericht). The complaint must be filed with the authority that issued the decision within four weeks.

How can a registered partnership be dissolved?

A registered partnership can end by mutual agreement, following a court action, or when one partner dies. The competent court is the district court (Bezirksgericht) in the area of the partners’ last shared habitual residence.

Main dissolution routes

• By mutual agreement: both partners acknowledge that the relationship has irretrievably broken down and agree on the disputed issues. The shared household must have ended at least half a year earlier.
• Action based on fault: one partner has seriously breached their duties, for example through physical violence or causing serious mental suffering. The action must be brought no later than 6 months after the reason became known.
• Action based on breakdown: the shared household has ended for at least 3 years.

Dissolution by mutual agreement

The two partners submit the application together. They must agree on maintenance (Unterhalt) and property-law claims. If they have a minor child together, they must also agree on custody (Obsorge), child maintenance and contact rights.

The application may also be recorded orally during the court’s public reception day (Amtstag). A separate form is available. The rules for divorce by mutual agreement apply to the procedure.

Dissolution through a court action

If the relationship has irretrievably broken down because of the other partner’s conduct, a court action can be filed. If the injured partner has forgiven the conduct, an action is no longer possible.

An action may also be brought if the breakdown is attributable to mental disturbance, mental illness or a serious infectious disease. The action can be submitted orally during the public reception day or in writing.

What happens to the name after dissolution?

After dissolution, a former surname does not automatically return. Anyone who wants to change their name may resume any name they previously lawfully used.

The change is handled by the registry office where the partnership was formed, although the application can be submitted at any registry office in Austria.

Documents may include:

• proof of registration of residence (Bestätigung der Meldung);
• birth certificate;
• partnership certificate (Partnerschaftsurkunde);
• the final dissolution judgment or order;
• proof of citizenship;
• photo identification.

Proof of residence can also be obtained from the Central Register of Residents (ZMR).

Children retain the name previously determined after their parents’ partnership is dissolved. If a parent’s name changes, the child’s name can be determined again. A child who has reached the age of 14 is presumed to be able to decide on their own name.

Frequently asked questions

Can only same-sex couples enter a registered partnership?

No. In Austria, two people can enter a registered partnership regardless of their sex.

Can a marriage be converted into a registered partnership?

No. The existing marriage must first be dissolved by a court, and only then can the new partnership be formed.

Are witnesses required?

Normally, two witnesses are present. At the couple’s request, one witness is sufficient, or the ceremony can take place without witnesses.

Does the partnership end if one partner dies?

Yes. A registered partnership ends when one partner dies.

Practical steps

1. Contact the relevant Standesamt and ask which documents are required for your situation.
2. Attend the preliminary procedure and provide the requested documents.
3. Arrange a date when both partners can appear together and in person.
4. Decide whether you want two witnesses, one witness or no witnesses.
5. If dissolving the partnership, contact the competent Bezirksgericht and prepare agreements about maintenance, property and, where relevant, custody, child maintenance and contact rights.
6. After dissolution, apply separately to change or restore a former surname if desired.
7. For a legal assessment of your individual circumstances, consult a lawyer or other qualified legal professional.

This article is based on information available online and is not legal advice. Use of the information is at your own risk.

Source: oesterreich.gv.at