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