Family law in Vienna
Family Lawyer Vienna (Austria) — English-Speaking Advice
Orientation
Quick orientation for your family law matter in Vienna
If you are facing a separation, divorce, custody dispute or financial questions within a family — and you need guidance in English — we can help you find clarity. As a family law practice in Vienna, we advise under Austrian family law and support you step by step: from your first questions to a workable resolution, whether through agreement or court proceedings.
Dr. Theresa Kamp is admitted in Austria (Vienna Bar) since 2022, recognised in Der Standard 2025 and listed by the U.S. Embassy Vienna under Legal Assistance. We advise in English and German — which matters when you need to understand every document you sign. Everything you share with us is protected by attorney-client confidentiality from your first contact.
Austrian family law — often searched in English simply as “austrian family law” — differs in important ways from the legal systems many of our clients know from the United States or other common-law countries. Understanding those differences early is the single most effective way to avoid costly misunderstandings.
Typical situations
When to contact a family lawyer (typical situations)
- Divorce or separation (married or unmarried)
- Obsorge (custody) arrangements for children
- Contact rights (Kontaktrecht) disputes
- Child support or spousal maintenance
- Division of marital assets
- Prenuptial or partnership agreements
- Cases with international elements
Not sure whether your situation needs a lawyer?
We assess your case in English, name the realistic options and set out the next steps — without obligation.
Areas of practice
Services in Austrian family law
Divorce & separation (amicable or contested)
We advise on both amicable and contested divorce proceedings. This includes assessing your options, preparing agreements or court filings, and representing you in negotiations or before the court.
Austrian divorce law distinguishes between the amicable divorce — which requires genuine mutual consent and a written agreement on all key consequences (custody, support, assets) — and the contested divorce, which is litigated before a district court (Bezirksgericht). In either case, there are no jury trials in Austrian family law: decisions rest entirely with a professional judge.
Children — Obsorge (custody) & contact rights
Obsorge (custody) determines who makes key decisions for a child. Kontaktrecht (contact rights) governs the time a child spends with each parent. We help negotiate practical parenting arrangements — and enforce or modify them when circumstances change.
Under Austrian law, married parents automatically share Obsorge (joint custody). This joint custody continues after separation or divorce unless the court orders otherwise or the parents agree to a different arrangement. Everyday decisions can be made by the parent currently caring for the child; major decisions — such as changing the child’s name, relocating abroad, or switching schools — require both parents’ agreement. Austrian children aged ten and over have the right to be heard by the court in custody proceedings.
Child support & spousal maintenance
Support obligations depend on income, the care model and each parent’s circumstances. We calculate realistic figures, negotiate agreements and, where necessary, pursue or defend claims in court.
Under Austrian case law, child support (Kindesunterhalt/Alimente) is calculated as a percentage of the paying parent’s monthly net income, including bonus payments:
- Children under 6: 16 % of net income
- Children aged 6–10: 18 %
- Children aged 10–15: 20 %
- Children aged 15 and over: 22 %
These percentages are reduced where the obligated parent supports additional children. The Federal Ministry of Justice publishes the annual standard needs rates (Regelbedarfssätze) on its official website. Each child’s entitlement is also capped by the so-called luxury limit (Luxusgrenze) — Austrian courts limit payments above a certain threshold once the child’s reasonable needs are fully covered.
Division of assets & the marital home
Austrian law provides for the division of marital property, savings, loans and the shared home. We advise on what is subject to division, develop a strategy and represent you in settlement talks or court proceedings.
The starting point under the Austrian Marriage Act (Ehegesetz/EheG) is that assets acquired during the marriage and used jointly — including the marital home, household furnishings and joint savings (or savings made by one party while being married) — are in principle subject to division. Assets brought into the marriage, inherited property and gifts from third parties are generally excluded. Division follows equitable principles (nach Billigkeit); in practice, jointly built-up assets are often divided in roughly equal shares, taking both spouses’ contributions — financial and non-financial, such as running the household and childcare — into account. Division is not automatic: spouses must either reach a private agreement or apply to court within one year of the divorce becoming final.
Prenuptial agreements
A well-drafted agreement prevents disputes before they arise. We draft and review prenuptial and partnership contracts — including cross-border considerations where assets or residency span more than one jurisdiction.
International & US–Austria cases
Cross-border family matters involve additional questions: jurisdiction, applicable law and the recognition of foreign decisions. We regularly handle cases with an international dimension.
US context
US Context — What Matters Under Austrian Law
Austrian family law follows its own rules. The points most relevant for US nationals living in Vienna:
- No jury trials. Austrian family proceedings are conducted before a professional judge, never a jury. This applies to divorce, custody, support and asset cases alike.
- Custody / Obsorge. Austrian law operates with Obsorge (comprising care, upbringing, asset management and legal representation) and Kontaktrecht (the right to personal contact). After separation, joint Obsorge is the legal default for married parents; sole Obsorge requires a specific court decision.
- Asset division. Austrian law applies a uniform national framework: assets acquired and used jointly during the marriage — the marital home, household goods and marital savings — are subject to division, while pre-marital and inherited property is generally excluded. Division follows equitable principles, with a roughly equal split as the common starting point for jointly accumulated assets.
- Child support. Austrian courts apply the percentage model (16–22 % of the paying parent’s net income depending on the child’s age), derived from consistent higher-court case law rather than a fixed statutory table.
- Spousal maintenance. In Austria, post-divorce maintenance is governed by the Austrian Marriage Act (EheG) and depends on fault, the length of the marriage and the economic situation of each spouse — not on a fixed formula.
Where US law is involved, we coordinate directly with your US counsel so the Austrian and US sides of your case stay aligned.
Which area of Austrian family law affects you?
We sort out your situation, explain the Austrian rules in English and set out the sensible next steps.
Living in Vienna
For US citizens in Austria
If you hold US citizenship and live in Vienna, practical issues such as document requirements, children’s travel consent and time-sensitive filings may apply. We advise in English and understand the specific concerns of US nationals.
Key practical points:
- Austrian courts have jurisdiction if you or your spouse are habitually resident in Austria — regardless of your nationality.
- Relocating a child abroad (including to the US) generally requires the other parent’s written consent or prior court authorisation. Without it, taking the child abroad may violate Obsorge rights.
- Dr. Theresa Kamp appears on the U.S. Embassy Vienna attorney list as an English-speaking family lawyer.
- Austria and the United States are both signatories to the Hague Convention on the Civil Aspects of International Child Abduction (1980), which provides a return mechanism when a child is wrongfully taken across borders.
From practice
Anonymised Case Sketches
Case 1
Separation with minor children in Vienna.
An American couple, both living in Vienna for several years, decided to separate. Both parents wanted to remain actively involved in raising their two children, who attended an international school in Vienna. In the initial consultation, we explained that Austrian law defaults to shared Obsorge for married parents and that there was no need to “fight for custody” in the way they had anticipated. We focused instead on drafting a detailed parenting plan — primary residence, school decisions, holiday schedules and contact with grandparents — which the family court confirmed as part of the amicable divorce proceedings. The key takeaway: the Austrian system strongly encourages co-operative parenting arrangements and avoids adversarial custody contests wherever possible.
Case 2
Contested divorce with a finding of fault.
An Austrian–American couple living in Austria with one child. The wife worked full-time and carried the day-to-day care of the child. The husband barely worked, refused to take on regular employment, drank heavily, belittled his wife and maintained an extramarital relationship. An amicable solution was not possible. We filed for divorce and obtained a judgment finding the husband predominantly at fault. The key takeaway: where one spouse’s conduct has caused the breakdown of the marriage, a finding of fault is worth pursuing — it directly shapes the spousal maintenance position after the divorce.
About the attorney
Why work with Dr. Theresa Kamp
Admitted in Austria (Vienna Bar) since 2022
LL.M. in contract law
Experience with international and US–Austria family law matters
Listed on the U.S. Embassy Vienna attorney list (English-speaking)
Bilingual practice in German and English — consultations, documents and court preparation fully in English
Personal, direct advice — you work directly with us, not a large anonymous practice
Der Standard 2025 — Family Law, Dr. Theresa Kamp
Der Standard 2025 (family-law category)
Step by step
What to expect (process & transparency)
Confidential first consultation — we assess your situation, identify priorities and outline realistic options.
Written strategy & next steps — you receive a clear overview of the recommended approach, timeline and estimated costs.
Negotiation, agreement or court — we represent you throughout, whether the matter is resolved amicably or requires litigation.
Fees are primarily based on an hourly rate with itemised statements. Fixed fees are available for clearly defined tasks such as prenuptial agreements.
Questions and answers
FAQ
Do you advise in English in Vienna?
Yes. We provide legal advice entirely in English — consultations, correspondence and court preparation.
How long does a divorce take in Austria?
An amicable divorce can often be finalised comparatively quickly, provided both parties agree on all consequences (custody, support, assets) and have attended mandatory parenting advice if minor children are involved. Contested proceedings typically take considerably longer, depending on the issues in dispute.
What is the difference between custody and contact rights in Austrian law?
Obsorge (custody) covers decision-making authority for a child — care, upbringing, asset management and legal representation. Kontaktrecht (contact rights) governs the time a child spends with the parent who does not live in the same household. Both rights exist independently: even a parent without Obsorge retains a right to personal contact.
How is child support calculated under Austrian family law?
Austrian courts follow a percentage-based model derived from established case law: 16 % of net income for children under 6, 18 % for ages 6–10, 20 % for ages 10–15 and 22 % for children over 15. These rates are applied to the paying parent’s monthly net income, including annual bonus payments. Additional support obligations for other children are taken into account.
Is Austrian child support the same as US child support?
No. While both systems aim to secure the child’s needs, the calculation methods differ. Austrian courts apply a nationally uniform percentage model.
What if one parent wants to relocate abroad with the children?
Relocation with a child generally requires the other parent’s written consent or prior court approval if both parents have joint custody. Without it, taking a child abroad may constitute wrongful removal under the Hague Convention, triggering a return procedure. Early advice is essential — acting without consent can seriously damage your legal position.
What assets are divided in an Austrian divorce?
Assets acquired during the marriage — including the marital home, furnishings and savings — are in principle subject to division under the Austrian Marriage Act. Assets brought into the marriage, inheritances and gifts from third parties are generally excluded. Division does not happen automatically; a time limit of one year from the final divorce applies for filing a division application with the court.
What role do prenuptial agreements play in Austria?
A prenuptial agreement (Ehevertrag) allows spouses to deviate from the statutory division rules. In Austria, such agreements must generally be executed as a notarial deed. We advise both on drafting new agreements and on how agreements made abroad are treated in Austria.
Overview
Related topics
Explore specific areas of Austrian family law in more detail:
Legal basis
Legal Basis & Update Note
Legal status as of: 07/2026
- Ehegesetz (Marriage Act / EheG) — grounds and procedure for divorce; asset division (§§ 81–98 EheG)
- Allgemeines Bürgerliches Gesetzbuch / ABGB (Civil Code) — Obsorge, Kontaktrecht, child support (§ 231 ABGB), spousal maintenance
- Außerstreitgesetz (Non-Contentious Proceedings Act) — family court procedure
- EU Regulation Brussels IIb (EU) 2019/1111 — jurisdiction and recognition in cross-border cases
- Hague Convention on the Civil Aspects of International Child Abduction (1980)
Disclaimer: This page provides general legal information. It does not constitute individual legal advice. For guidance on your specific situation, please contact us directly.
Your next step: arrange a confidential initial consultation. We will clarify your situation, your goals and the sensible next steps.
office@ehescheidungsanwalt-wien.at or use the contact form.