Divorce by mutual consent: info & useful tips

Divorce by mutual consent: info & useful tips

Divorce is not a pleasant experience. But it is sometimes the best solution for estranged spouses. Especially if no single strategy for conflict resolution has been successful. Before both spouses unhappily cling to the broken bond of marriage, it is advisable to divorce by mutual consent and go new ways with a view to the future. Here you can find out how much an amicable divorce costs in Austria, what you should be prepared for and where you can find competent divorce lawyers in Vienna.

Divorce by mutual consent in Austria

Statistics prove it: the longer a marriage lasts, the less likely it is that it will still be divorced. After three to five years in the holy bonds of marriage, divorce rates in Austria drop significantly. In other words, people who get along well for 30 years are very unlikely to separate again.

Info: In Austria, about 90% of divorces are consensual!

Marital separations can be associated with a lot of suffering. In addition, a war of the roses in court and the associated financial burdens can quickly become too much for you to bear. For this reason, it is advisable to conclude a prenuptial agreement before getting married. Because in a prenuptial agreement financial matters can be regulated in case of divorce. If you are prepared for all eventualities, you will be in an optimal position for an uncomplicated divorce.

Divorce by mutual consent: info & useful tips

Divorce by mutual consent: How does it work?

The basic prerequisite for an amicable divorce is the mutual agreement that the common marriage should not continue. In addition, the most important questions regarding maintenance and custody should be clarified. The more the spouses are aware of the consequences of a divorce, the smoother the divorce proceedings can be handled.

In general, there should be a consensus on the following points of contention:

The couple seeking a divorce must have been separated for at least half a year. After that, amicable divorce can be filed in court. The petition can be filed in writing at the competent district court on the day of the office or orally on record. The court subsequently sets a hearing date. If the spouses have not yet filed a divorce agreement, they can do so at the hearing in court.

Divorce by mutual consent: info & useful tips

How much does a divorce by mutual consent cost??

An amicable divorce is financially manageable compared to a contested divorce: The costs for a divorce petition are only € 293 and another € 293 for the court settlement – mind you, for both spouses jointly. If the spouses agree on a transfer of ownership of immovable property or a transfer of other rights, an additional € 439 must be paid.

An amicable solution is almost always preferable to a dispute in court. After all, in addition to the psychological strain, a contentious divorce also has financial disadvantages – possibly even for both spouses. The more issues regarding alimony, custody and the like have to be settled in court, the more expensive the court battle can become for both parties involved.

How long does a divorce by mutual consent take??

In Austria, a divorce by mutual consent is usually completed in 4-6 months. However, this presupposes that there is agreement in principle between the spouses. Divorce proceedings can also be protracted if, contrary to expectations, one of the two spouses does not consent. However, the longer the proceedings take, the higher the court and lawyer fees you will have to pay afterwards. Without pension equalization, a divorce can be finalized even after 1-3 months.

The duration of the divorce proceedings depends on various factors:

Divorce by mutual consent: info & useful tips

  • If all necessary documents were submitted in a timely manner?
  • How quickly the competent district court works?
  • Is there a pension equalization? And if so:
  • If there is an agreement regarding pension equalization?
  • If all questions regarding custody have been clarified?

Legal advice for divorce by mutual consent

In order not to be disadvantaged in a divorce or to overlook pitfalls, it is advisable to take advantage of legal advice. The divorce lawyer informs his client about all the possibilities of an amicable divorce. Together you can decide, for example, whether it makes sense to file for divorce. In addition, the divorce lawyer can explain in detail all aspects concerning alimony, maintenance obligation, division of property, custody arrangement, child support and contact rights arrangement.

For the sake of the common children, a divorce by mutual consent should be sought if possible. Because a caring upbringing of the children by both parents presupposes that there is a good basis for discussion between the divorced spouses. Between quarreling parents a common education is often only very difficult possible. The legal basis for the marriage law as well as about the annulment of marriage can be found here.

Divorce without a lawyer in Austria

In principle, spouses who wish to divorce can do so without a lawyer. An appropriate form for filing for divorce by mutual consent is provided by the district court. In the divorce agreement that accompanies the petition, the spouses must set out in writing all agreements regarding property, maintenance claims, custody and contact rights (in the case of children).

The completed and signed form is then returned to the court. The court will then set a hearing date. After all the points in dispute have been discussed again in court, the legal decision will be announced.

Prevent nasty divorce tricks

There are many mean moves with which you can get your ex-partner into trouble. However, those who are familiar with all the legal aspects can beware of unpleasant surprises. Because the possibilities to harm the disagreeable ex-partner are unlimited like the imagination. The accusation of abuse is unfortunately a regularly used strategy to stop the contact right of the ex-partner. Since the court almost always has to obtain an expert opinion in such cases, children are the ones who suffer from such maneuvers.

But even the termination of the joint apartment can be a nasty surprise if you feel you are in danger of ending up on the street. In addition, marital assets can be plundered to keep settlement payments low. So, if symptoms of marital crisis are accumulating more and more often, it's best to consult a competent divorce lawyer to be better prepared for such cases. Because for almost every attack there is a suitable counter-strategy.

Divorce Vienna: 7 top lawyers

1. HHLE Rechtsanwalte OG – Divorce Vienna

The team of lawyers at HHLE represents you expertly in all matters of matrimonial, family and child law. Divorce and separation agreements are offered as well as mediation as an alternative method of conflict resolution. Here you will find all-embracing legal advice for all amicable or contentious divorces.

2. Dr. Peter Hombauer – Divorce Vienna

If you are looking for legal assistance in divorce matters, Dr. Peter Hombauer can certainly help. An experienced divorce lawyer can also help you with difficult paternity disputes in custody proceedings. In both amicable and contested divorces, you have a lot to gain from Dr. Hombauer has found a reliable legal representation.

3. Mag. Sybille-Maria Lindeis – Divorce Vienna

In matrimonial and family law matters, Mag. Sybille-Maria Lindeis with advice and action to the side. The lawyer specializing in divorce will find a quick and solution-oriented approach for you in any situation.

"Super care: Competent, fast, reliable, simply top!"

Divorce by mutual consent: info & useful tips

4. Dr. Mardetschlager, Dr. Mardetschlager, Mag. Schulz – Divorce Vienna

In the office of Dr. Peter Mardetschlager and Dr. Walter Mardetschlager you are in good hands for all divorce law issues: The proven experts in marriage and family law have successfully represented thousands of clients in divorce proceedings.

"Dr. Mardetschlager set up a prenuptial agreement for me 8 years ago. In my current divorce I was represented by him in the best possible way and he pulled it through in 5 weeks. Am Dr. Mardetschlager very grateful and can highly recommend him."

5. Schwarzenbacher& Schwarzenbacher – Divorce Vienna

Dr. Susanne Schwarzenbacher specializes in divorce law and knows all the pitfalls here. After a detailed consultation with the client, a decision is made as to which form of divorce should be considered. If it is about securing a livelihood, about the division of marital property or about custody: Dr. Schwarzenbacher has many years of expertise and can represent you competently.

6. Schmelz Rechtsanwalte OG – Divorce Vienna

In the modern law office with focus on family law you will be competently advised on all matters concerning divorce. Professional mediation is also offered.

7. Mag. Dr. Herwig Schonbauer – Divorce Vienna

You can also get comprehensive advice on matrimonial and family law matters before and during the proceedings at Mag. Dr. Schonbauer. Working as a lawyer in Vienna since 2000 and represented by our own office in Wahring since 2013, you will find competent legal advice for your matter here.

Therapeutic help with divorce

Every divorce is associated with emotional stress. In the beginning you should therefore seek emotional support from friends and family. In addition, professional help may be advisable during this difficult phase. Because a marital separation is also associated with many difficult decisions. Family counseling centers can provide competent assistance as a first point of contact.

Before you decide to divorce, consider a therapeutic approach to conflict resolution with your spouse. The couple therapist can play an objective mediating role and help to find the causes of the marital conflict. Strategies for conflict resolution can also be worked out together. But also in the course of a divorce couple therapeutic support can be helpful. Many couple and psychotherapists also offer divorce counseling. Professional help at the right moment can make a significant contribution to ensuring that the divorce is peaceful and that the reorientation succeeds more easily.

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