Family law · Austria
Divorce lawyers in Austria
We match you with a regulated divorce lawyer in Austria within 24–48 hours. Tell us about your situation, and we will connect you with an Austrian Rechtsanwalt who handles consensual and fault-based divorce, property division and related family-law matters. The service is free and without obligation.
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About this service
How our matching works
Finding the right divorce lawyers in Austria can feel overwhelming, especially when you are also dealing with separation, property and children. Austria has its own procedural rules and a statutory separation-of-property regime, and the courts that handle family matters are part of a four-tier ordinary court system. Our free matching service connects you within 24 to 48 hours with a regulated Austrian Rechtsanwalt who understands these rules and can guide you through your options. We do not provide legal advice; we simply match you with a lawyer who handles divorce, asset division, maintenance and related family-law issues in Austria. This page gives a factual overview of how divorce-related matters work in Austria and how the matching process helps you move forward calmly.
Austria at a glance
Divorce law in Austria: what you need to know
Austria follows the continental civil-law tradition. Divorce matters are heard by the ordinary courts, and several Austrian particularities affect how a divorce is handled, from property regimes to lawyer representation rules. Below is a factual summary based on official Austrian sources.
Court structure for family matters
District courts (Bezirksgerichte) hear family cases at first instance. Austria’s ordinary courts are organised in four tiers: 113 district courts, 20 regional courts, four higher regional courts and the Supreme Court (Oberster Gerichtshof) in Vienna. Administrative and constitutional disputes are handled separately.
Default matrimonial property regime
Austrian law applies separation of property (Gütertrennung) as the statutory default: each spouse keeps and administers assets owned before and during the marriage. There is no automatic community of acquests. Only jointly acquired assets, for example through co-ownership, are shared.
Mandatory lawyer representation
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. In smaller district-court matters parties may appear in person. A Rechtsanwalt may appear before all Austrian courts and authorities.
Costs and legal aid
Court fees are calculated as a staggered percentage of the value in dispute and are generally paid on filing; the losing party normally reimburses the winner’s costs. Lawyer fees follow the Lawyers’ Tariff Act and the General Fee Criteria, but fee agreements may depart from the tariff. Legal aid (Verfahrenshilfe) can cover court fees and, where required, a lawyer, and may be repayable if your financial situation improves within three years.
Regulated Rechtsanwalt qualifications
Practising as a lawyer in Austria requires entry in the list of lawyers of a regional Bar association. The path includes a four-year Austrian law degree, five years of practical training, at least 42 half-days of mandatory training, passing the bar examination and professional liability insurance. Bar membership is compulsory.
Key time limits — Family Law
| Key deadline | Period | What to know |
|---|---|---|
| Recurring payments (rent, interest, maintenance arrears) | 3 years | Arrears of recurring payments such as rent, interest and maintenance are barred after three years. |
| Consensual divorce (minimum separation period) | 6 months | Section 55a EheG requires a six-month separation period before a consensual divorce can be granted. |
| Fault-based divorce (filing deadline) | 6 months | A fault-based divorce must be filed within six months of learning of the grounds, under section 57 EheG. |
Data verified against official Austrian bodies, e-Justice and CEPEJ sources in 2025.
- Austrian court system – e-Justice
- Rechtsanwaltsordnung – Austrian Bar requirements
- ABGB section 1478
- ABGB section 1489
- ABGB section 1480
- ABGB section 1486
- Employment dismissal challenge deadline
- EheG section 55a
- EheG section 57
- Court fees and legal aid – Austrian justice portal
- Default matrimonial property regime – oesterreich.gv.at
- Mandatory lawyer representation – ZPO section 27
- Austrian Bar – ÖRAK structural facts
Common concerns
Where divorce in Austria gets difficult
These are the issues we often hear from people looking for a divorce lawyer in Austria.
Unclear property regime
Austria’s statutory separation of property can be unexpected for spouses from common-law backgrounds. Without clear guidance on jointly acquired assets, you may leave the marriage with less than you need.
Short divorce deadlines
A six-month separation period is required for a consensual divorce, and fault-based claims must be filed within six months. Missing a deadline can delay an already stressful process.
Mandatory legal representation
Austrian civil procedure requires a lawyer in many divorce and financial matters, particularly above €5,000 in dispute value. Representing yourself risks procedural errors and avoidable costs.
Why use our matching
A calmer path to the right Austrian divorce lawyer
Our matching service focuses on regulated lawyers and transparent next steps.
Regulated Austrian Rechtsanwälte
We match you with lawyers admitted to an Austrian regional Bar after five years of training and the bar examination, so your matter is handled by a regulated professional.
Clear fee expectations
Your matched lawyer explains court fees under the Court Fees Act and lawyer tariffs under the RATG, including any agreed alternative billing before work begins.
Asset division clarity
Austrian default separation of property means your lawyer can focus on identifying jointly acquired assets and addressing cross-border concerns.
Legal aid guidance
If you cannot afford proceedings without impairing your maintenance, your lawyer can explain when Verfahrenshilfe may cover court fees and the lawyer’s own fees.
Other countries
We also match divorce lawyers across Europe
Looking for a lawyer outside Austria? Our network covers these neighbouring and relevant European countries.
Questions about divorce lawyers in Austria
Frequently asked questions
How do I find the right divorce lawyer in Austria?
Our free matching service connects you with a regulated Austrian Rechtsanwalt who handles divorce, property division and related family-law matters. You tell us your situation, and within 24 to 48 hours we match you with divorce lawyers in Austria from our verified network.
What are the grounds for divorce in Austria?
Austrian law provides for consensual divorce after a six-month separation period. Fault-based divorce must be filed within six months of learning of the grounds. A lawyer can explain which route fits your situation.
Do I need a lawyer for my divorce case in Austria?
In Austrian civil litigation, representation is mandatory before regional courts and higher courts, and before district courts where the value in dispute exceeds €5,000. Below that threshold, parties may appear in person, but a lawyer may still assist.
How is property divided in an Austrian divorce?
The statutory default is separation of property: each spouse keeps assets they owned before and during the marriage. There is no automatic community of acquests, so only jointly acquired assets such as co-owned property are divided.
What does a divorce lawyer cost in Austria?
Lawyer fees are governed by the Lawyers’ Tariff Act and the General Fee Criteria, typically scaled to the value in dispute or to hourly rates for out-of-court work. Fee agreements may depart from the tariff subject to written-form requirements.
Can I get legal aid for an Austrian divorce?
Yes, if you cannot meet the costs of proceedings without impairing your necessary maintenance and the case has prospects, the court may grant Verfahrenshilfe. It can cover court fees and a lawyer, but may be repayable if your financial situation improves within three years.
Ready to move forward?
Get matched with a divorce lawyer in Austria today
Tell us about your situation. We will connect you within 24–48 hours with a regulated Austrian Rechtsanwalt who handles divorce and related family-law matters. The service is free and without obligation.