!!!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.

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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
H. Koziol and R. Welser, Grundriss des buergerlichen 
Rechts, vol. 2, %%sup 9/%1991.


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