Scheidung#

Divorce, dissolution of a marriage by a court of law based on grounds subsequent to the marriage. The main legal source governing divorce in Austria is the Marriage Act of 1939, which made civil divorce available in Austria for the first time. Originally the Marriage Act only recognised divorce on the basis of fault (grounds: adultery, refusal to bear offspring and other marital transgressions, such as acts of violence, insults, failure to provide for the family) and divorce on other grounds (mentally disturbed behaviour, mental illness, infectious diseases or repulsive diseases, three-year separation coupled with the irreconcilable breakdown of marriage). Since 1978 undefended divorce proceedings have also existed, which are possible under the following conditions: period of separation lasting at least six months and admission of the irreconcilable breakdown of marriage. Both parties must also agree as to the division of property, custody of children, etc, and file jointly for divorce.

Divorce results in the termination of all rights and obligations of marriage (e.g. the obligation to uphold marital fidelity and marital assistance) as soon as the court´s ruling is handed down. Afterwards joint property and savings are divided according to criteria of fairness. Whether surnames can be changed or alimony can be claimed after divorce depends on which party is at fault.

Literature#