Uncategorized Archive - Law & Beyond

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.

Open marriage?

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

(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?

Mediation in divorce proceedings

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

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?

International Divorce

If you want to put it positively, a divorce is a new beginning. If you don’t want to put it positively, a divorce is a crisis situation in which you don’t exactly see the best side of your partner. This is accompanied by insecurities. Not only emotional, but also financial. It does not help to ease the situation if there is a foreign connection. If one has married or lived abroad and perhaps not both persons have Austrian citizenship, it often becomes even more opaque.

Moving out of the marital home: Divorce Case

Especially when things are not going well at home and you would like to shoot the other person to the moon, many people have the impulse to move out of the marital home to (temporarily) clarify the situation. However, if a (contentious) divorce takes place afterwards, this can have nasty consequences.
It is a common misconception that there is no harm in moving out of the shared home in the event of marital conflicts. Indeed, it is often not known that moving out can be considered marital misconduct (“malicious abandonment”).