Family Law · Austria
Family Law lawyers in Austria who understand your case
Divorce, custody, inheritance and matrimonial property can be complex under Austrian law. We match you with a specialised lawyer who handles your specific situation — from consensual divorce to cross-border asset disputes.
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Why us?
A calmer way to find Family Law lawyers in Austria
When family life changes, Austrian law applies distinctive rules that can surprise you: separation of property is the statutory default for spouses, divorce may require a separation period or a fault-based filing at the court, and forced heirship rules can limit testamentary freedom. Understanding these rules and protecting your children, assets and future is easier when you have a lawyer who works with Austrian family law every day. europeanlawyerfinder.com matches you with independent Family Law lawyers in Austria based on your location, language and the specific issue you are facing. You tell us what you need; we identify the right legal practice and send you a shortlist within 24–48 hours. The matching service is free and you are never obligated to hire anyone.
Austria at a glance
How family law works in Austria
Austria follows the continental civil law tradition, with family matters largely governed by the General Civil Code (ABGB) and heard by district and regional courts. The points below summarise the rules that most often affect our clients.
Separation of property is the statutory default
Under Austrian law, each spouse keeps and administers the assets they owned before the marriage and those they acquire during it. There is no automatic community of acquests. A different regime may be agreed. This matters for divorce and asset tracing.
Consensual divorce and fault-based divorce
Spouses may divorce by mutual consent after a six-month separation. A fault-based divorce must be filed at court within six months of learning of the grounds. A lawyer can help you choose the appropriate route and prepare the necessary filings.
Forced heirship limits testamentary freedom
Descendants and the surviving spouse are entitled to a compulsory portion (Pflichtteil) equal to half of their statutory share, regardless of a will. Parents are no longer entitled since 2017. This often arises when planning estates or handling inheritance.
No inheritance or gift tax since 2008
Austria abolished inheritance tax and gift tax in 2008. However, transfers of real property still trigger real-property transfer tax and a land-register entry fee, and larger lifetime gifts may be subject to a reporting obligation.
Mandatory representation in many family law proceedings
In civil litigation, representation by a lawyer is mandatory before regional courts and all higher courts, and before district courts where the value in dispute exceeds €5,000. A Rechtsanwalt may appear before all Austrian courts.
Key time limits — Family Law
| Matter | Deadline | Context |
|---|---|---|
| Recurring payments (rent, interest, maintenance arrears) | 3 years | Includes maintenance arrears in divorce or separation cases. |
| Consensual divorce (minimum separation period) | 6 months | Spouses must be separated for at least six months before filing for consensual divorce. |
| Fault-based divorce (filing deadline) | 6 months | A fault-based divorce must be filed within six months of learning of the grounds. |
The data on this page is drawn from official Austrian sources: e-Justice, RIS, ÖRAK, Justiz, oesterreich.gv.at and BMJ, accessed February 2025.
Common concerns
What brings people to Family Law lawyers in Austria
You are not alone. These are the situations we see most often.
Worried about a divorce?
Austrian law requires specific steps and deadlines, such as the six-month separation for consensual divorce. A lawyer helps you choose the right route and avoid costly mistakes.
Disputes over children or assets
Custody, maintenance and separation of property can become contentious. A specialised lawyer explains what the court will consider and protects your interests.
Inheritance and estate planning
Pflichtteil rules and the Land Register can affect your family. We match you with a lawyer who handles wills, compulsory portions and property transfers correctly.
Why choose us
The benefits of using our matching service
We make it easier to find the right legal help in Austria.
Specialised family law expertise
Our network includes lawyers who focus on Austrian family law, not generalists. They know the ABGB, court practice and local nuances.
Free and non-binding matching
You describe your case; we send a shortlist of suitable lawyers within 24–48 hours. There is no charge and you are never obliged to instruct anyone.
Transparent local information
We explain Austria-specific rules like separation of property and forced heirship, so you can make informed decisions before you speak with a lawyer.
English-speaking lawyers available
If you prefer English, we match you with Austrian lawyers who can communicate clearly and explain German legal terms in plain language.
Serving clients across Europe
We also match lawyers in these countries
If your case involves another jurisdiction, explore our partner pages for these European countries.
FAQs
Frequently asked questions about Family Law lawyers in Austria
What do Family Law lawyers in Austria do?
They handle divorce, separation, child custody, maintenance, matrimonial property and inheritance matters. They ensure you meet Austrian deadlines and comply with ABGB rules, and they represent you in court or negotiations.
How does divorce work in Austria?
Consensual divorce requires at least six months of separation. Fault-based divorce must be filed within six months of learning the grounds. A lawyer can help you choose the appropriate route and prepare the filing.
What is the default matrimonial property regime in Austria?
Separation of property. Each spouse keeps assets privately, unless a different agreement exists. Only jointly acquired assets are shared. This is important for divorce asset division and tracing.
Are there inheritance taxes in Austria?
No. Austria abolished inheritance and gift tax in 2008. However, real property transfers trigger transfer tax and registration fees, and larger lifetime gifts may be subject to a reporting obligation.
Do I need a lawyer for family court proceedings?
In many civil cases before district courts above €5,000 and all higher courts representation is mandatory. Even when not mandatory, a specialist is recommended because Austrian family law has specific rules and deadlines.
How much does it cost to be matched with a Family Law lawyer?
Our matching service is free. You only pay the lawyer if you decide to instruct them, under Austrian fee rules or agreed terms. There is no obligation to accept any lawyer we suggest.
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Let us match you with a Family Law lawyer in Austria
Tell us about your case and we will identify suitable legal practices in your area. Within 24–48 hours you receive a shortlist — completely free of charge.