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Family Law Blog Austria

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Couple standing apart with folded arms, symbolising separation and family law in Austria

Intro

Welcome to the family law blog Austria section. Here you’ll find practical, English-language articles on Austrian family law — from divorce procedures and custody arrangements to child support, property division and cross-border cases.

Our articles are written for people living in or connected to Austria who need reliable orientation in English. Each post focuses on a specific question and explains how Austrian law typically applies.

Please note: these articles provide general information, not legal advice. Every situation is different — if you need clarity on your specific case, a confidential consultation is the best starting point.

Family law in Vienna — overview

Topics covered

What you’ll find in our Austrian family law articles

Our blog covers the topics that matter most when a relationship ends or a family situation needs legal attention. Start with the area most relevant to you:

Divorce & separation in Austria — procedure types (consensual vs. contested), timelines, key decisions and what to prepare

Custody (Obsorge) & contact rights (Kontaktrecht) — how parental responsibility and visitation are handled under Austrian law

Child & spousal maintenance and financial consequences — calculating maintenance (Alimente and Ehegattenunterhalt), enforcing or adjusting payments

Property division & the marital home — how assets, savings, debts and the shared home are typically divided

International family law — jurisdiction questions, cross-border custody and the additional complexity of multinational cases

Start here

Key pages (quick navigation)

For a deeper look at the most common topics, these overview pages are a good place to start:

Divorce lawyer in Vienna — overview

Custody in Austria — basics and next steps

Child support in Austria — how it works

Articles

Latest family law posts

Browse our most recent family law articles below.

Is sole custody still possible?

The desire for sole custody of the children is sometimes a big one. But is this even possible?

Who actually pays for the private school?

Especially after a separation, one parent sometimes wants private school for the child more than the other.. It is often about who actually has to bear the additional costs for a private school. From a legal point of view, the main issue is child maintenance.

(Psychological) violence in custody and contact proceedings

Even when there is violence in the family, issues such as custodx and contact rights must be discussed.

When things can´t continue in a marriage… what you can do legally

Marriage is a contract and binds both parties. There are various options for dissolving the marriage. Find out which option is best in a specific case here.

Basic information on child maintenance: Who pays it and how much?

Child support is a topic that often leads to arguments becuase there are many misunderstandings surrounding the topic.

Marriage contracts and the Austrian Supreme Court (OGH)

Marriage in itself is a contract. With a prenuptial agreement, you can at least have a say in what is written in the contract.

Open marriage?

From time to time, people want to agree sexual freedom in a marriage contract, but what is the legal situation?

#Picsoritdidnthappen- or what evidence goes to court in a divorce?

Unless a divorce is imminent, the preservation of evidence and documentation is usually not a core interest within a marriage. But what can you do to put yourself in a good position if a lawsuit with your now unloved better half seems unavoidable?

Division of assets in a marriage or cohabitation

What happens when the romance wears off and the partner’s generosity suddenly has limits and at some point it may even be a question of separation or divorce? Who has access to the supposedly joint money?

(Telephone) contact with children from a legal perspective

There are many different questions regarding the right of contact. In addition to personal contact, the right of contact can also cover contact by telephone. Read more here.

How do custody proceedings in front of a court work?

The question of custody of children is a very emotional one. Find out more about the custody proceedings here.

Fault principle and divorce

Since marriage is a contract, you can get out of it if both agree to dissolve the contract. This is called “by mutual consent”. However, if only one person wants out of the marriage rather than both, you can make a petition for divorce if you can accuse the other spouse of marital misconduct.

Vacation with children

In families with parents who live apart, the topic of vacations can lead to difficulties. Find out more about the legal framework here.

When do you actually get alimony from your (ex) spouse?

When do you get maintenance from your ex-partner after divorce? Read about the requirements here.

Private sperm donation – political statement or legal risk?

In principle, medically assisted reproduction is legally permissible in Austria. You can find out under what conditions this is the case and what else needs to be considered here.

Right of contact under certain conditions?

Right of contact means the basic right to contact between parents and children. The regulation of contact times always depends on the individual case.

Alcohol abuse as marital misconduct

In Austria, the principle of fault still applies in divorce law. When does alcohol consumption constitute marital misconduct?

WHAT IS THE PROCESS OF AN AMICABLE DIVORCE?

Again and again, it is noticed that people are not aware that a marriage cannot be terminated unilaterally at any time without giving reasons and that for an amicable divorce, the cooperation of the other spouse is required. Not so easy, when you consider that two people usually do not seek a divorce exactly when they get along particularly well.

Common misconceptions about divorce

In the practice of law, one encounters the most common errors again and again. Especially considering the fault principle that applies in Austria in divorces, it makes sense to be informed.

Division of assets and marital savings after a divorce

If you are getting divorced, questions arise regarding the division of assets and marital savings after a divorce.

Moving with a child

There are a few things to consider when moving with a child. What does this have to do with custody, for example? And what do you need to bear in mind?

Mediation in divorce proceedings

Mediation is an extrajudicial procedure for resolving conflicts. One of its best-known areas of application is divorce mediation.

Alimony

When there’s a dispute about money, things often get heated. This is also the case with alimony. But who actually has to pay?

Withdrawal of visitation

The best interests of the child always come first. If contacts are a threat to the child, withdrawal of visitation is considered.

Child vaccination

What if parents cannot agree on a vaccination for their child? What is the legal situation in Austria regarding childhood vaccination?

Maintenance: Playboy-limit

There is a cap on child support for very high earners, the so-called “playboy-limit”. What does it mean and who does it apply on?

Divorce by mutual consent: prerequisites

Marriage between two people is not only a love relationship. When you marry, you also enter into a contract. Many people are not aware of this to its full extent. Even though it may be more romantic to only think about the wedding dress, the cake or the guest list, it makes sense to find out what mutual rights and obligations apply in a marriage before getting married.

Mistakes in divorce proceedings

Austria still has the at fault divorce system. This means, mistakes in divorce proceedings can cost you. Learn how to avvoid common mistakes.

Parental Alienation Syndrome

Parental Alienation Syndrome (PAS) describes a special form of parent-child alienation. Specifically, one parent destroys the reputation of the other parent in the eyes of the child. This inevitably leads to a serious conflict of loyalties and a psychological burden for the child. Even if the term Parental Alienation Syndrome is controversial, it is part of parenting skills to allow the other parent to continue in their role as father or mother.

Child maintenance: FAQ

Alimony or maintenance is often an irritating topic. People ask themselves during a separation whether they can afford the child support at all. On the other hand, the question whether the child support will be sufficient to cover the needs of the children, arises. Some people who pay child maintenance fear that they are actually sponsoring the ex-partner with their payments. In fact, this is usually not the case.

Joint custody and other misunderstandings

Custody and contact rights – these terms are surrounded by myths, half-knowledge and misunderstandings. Often it is said that as a man you (legally) have nothing to say about the children anyway, that only the mother gets custody. However, practice shows that this is not true. Moreover, custody is not decisive for how often the children is seeing one parent after a separation. The terms custody and contact rights are often mixed up or used synonymously. This leads to confusion because legally speaking, they are completely different things.

Visitation rights: Enforcement

A magic word in proceedings concerning custody and contact rights is attachment tolerance. Attachment tolerance means the ability of a parent to recognize that it is important for the children to maintain contact and a relationship with the other parent. If a parent’s attachment tolerance is denied (by experts), this does not go down well in court. In particular, the right of contact is sometimes disputed in court

Spousal support – the money after the divorce

People are often concerned about the financial consequences of a divorce. Some worry about having to support their (ex-)partner financially for the rest of their lives. Others fear no or too little support from the other person. The fact is that a divorce is rarely accompanied by an economic improvement. Simply because a divorce does not magically create more money, but suddenly twice as many households have to be served.

When school choice becomes a problem

The choice of school or kindergarten is perceived by many parents as decisive for the positive development of their child or even for later success in life. Apart from the structural problem that there is still a lack of childcare places in Austria, there are already very different orientations in kindergartens but especially in schools. The agony of choice ranges from public schools, private Catholic schools, Waldorf schools, free-range schools to home schooling with external examinations.

Visitation rights: The Christmas (un)peace

Christmas is a time that is charged with expectations. Especially in regard to family, family get-togethers and the “Christmas Eve”. In family law practice, we experience that conflicts or family wishes that remain unresolved, even if they exist all year round, are often an even bigger burden for those affected around Christmas. Especially if you have children together and live separately, difficult questions can arise at Christmas

What happens to a rented flat in the divorce

When two people get divorced, in most cases they lived together in some form beforehand. At least as long as both still wanted the marriage. The common home, i.e. the place where the spouses had their centre of life, can be called the marital home. It is irrelevant whether this place is a houseboat, a house, a mobile home or a classic three-room flat. The marital home enjoys a special status. Already during the marriage but also afterwards.

Prenuptial agreement: Permissible content

When you get married, you enter into a real contract. Marriage is a contract. Even a white dress or a wedding cake does not change that. Many people only realize what mutual rights and obligations there are in a marriage when the relationship takes a turn. If you want to get married but still want to have a say in what should apply in the event of a divorce, you have the option of concluding a marriage contract, i.e. an advance agreement for the event of divorce.

Editorial standards

How we write (legal accuracy & updates)

All articles are written or reviewed by Dr. Theresa Kamp, a family law attorney in Vienna, admitted in Austria (Vienna Bar). Content reflects Austrian law and is updated when relevant legal changes occur or when we identify areas that benefit from clearer explanation.

Cases involving an international element — for example, different nationalities, residences in multiple countries or foreign court orders — often require a separate assessment of jurisdiction and applicable law. Where relevant, our articles flag this complexity.

More on this: international family law with an Austrian connection

Good to know

FAQ — Family law in Austria (quick answers)

What does “family law” cover in Austria?

Family law in Austria addresses divorce, custody (Obsorge), contact rights (Kontaktrecht), child and spousal maintenance, property division upon separation and matters such as prenuptial agreements and paternity.

Do rules differ for married vs. unmarried couples?

Yes, significantly. Married couples have statutory rules on property division and spousal maintenance that do not apply to unmarried partners (Lebensgemeinschaft). For unmarried couples, financial separation typically follows general civil law rather than family law provisions.

How are children’s arrangements handled?

Austrian courts decide custody and contact based on the best interests of the child (Kindeswohl). Parents can agree on arrangements themselves; if they cannot, the court will determine custody and visitation — often with input from the family court assistance service (Familiengerichtshilfe) or an expert opinion.

When should I speak to a family lawyer in Austria?

As early as possible — ideally before making binding decisions about finances, living arrangements or children. Early advice helps you understand your options, avoid common mistakes and protect your position.

More on this: answers to further questions on Austrian family law

Your next step

If you have questions about your specific family law situation in Austria, a confidential initial consultation is the most reliable next step. Dr. Theresa Kamp is a family law attorney admitted to the Vienna Bar, listed by the U.S. Embassy Vienna, and recognised in Der Standard 2025. Arrange a confidential initial consultation — in English or German.

Book an initial consultation See our fees

Family Lawyer Vienna · +43 1 346 08 03 · office@ehescheidungsanwalt-wien.at

Statutory framework

Legal status as of: 07/2026