Can I get an amicable divorce in Austria?
Yes — if you meet the conditions. An amicable divorce requires that the marital cohabitation has been dissolved for at least 6 months. Both must accept the irretrievable breakdown of the marriage and jointly file the application at the competent district court. A settlement agreement (on maintenance, division of assets and arrangements for children) must be presented to the court. "Separation" doesn't necessarily mean moving out: living separately under one roof with no shared household suffices. The flat fee in 2026 is about €330–340. In short: yes, after 6 months' separation and with agreement on the consequences.
📋 The rules
- Cohabitation dissolved for 6 months
- Both accept irretrievable breakdown
- Joint application at the district court
- Present a settlement agreement
- Flat fee about €330–340
🔓 Exceptions
- No lawyer required, but advice is recommended
- With children the court reviews the child's welfare
- Without agreement: a contested divorce with other rules
⚠️ Penalties & fines
There are no "penalties," but the deadline logic matters: the 6 months' separation must be complete before filing, and the proceeding usually resolves in 4 to 12 weeks. The flat fee (TP 12 GGG) in 2026 is about €330–340; with a lawyer total costs often run €500–€3,000. Beware a myth: "in Austria you need 3 years apart to divorce" is false here — the 3 years apply to a contested divorce on breakdown grounds (6 years as an absolute limit); the amicable route needs only 6 months' separation. Tip: settle the consequences in advance — it saves time and cost.
📎 Official sources
❓ Frequently asked
What are the requirements for an amicable divorce?
The marital cohabitation must have been dissolved for at least six months, both must accept the irretrievable breakdown of the marriage, and they must jointly file the divorce application at the district court. A settlement agreement must also be presented to the court.
Must one of us move out?
No. Separation in the legal sense doesn't require moving out. It's enough that you live separately under one roof and no longer run a shared household. What matters is that the cohabitation has actually been dissolved for at least six months.
What is a settlement agreement?
It's an agreement in which you regulate the consequences of the divorce, namely maintenance, the division of assets and savings, and custody of and contact with any joint children. It must be presented to the district court so it can grant the amicable divorce.
Do I need a lawyer?
No lawyer is legally required, but legal advice is recommended, especially with assets or children. Total costs with a lawyer typically run between €500 and €3,000, plus the court's flat fee of about €330 to €340.
How long does the divorce take?
The six months' separation must be complete before filing. Once the application with the settlement agreement is filed, the proceeding is usually resolved within four to twelve weeks, since with agreement no lengthy taking of evidence is needed.
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