Family Law · Austria
Your Trusted Family Lawyers in Austria
Facing a family legal matter in Austria? Whether it is divorce, child custody, maintenance or inheritance, the right legal guidance makes all the difference. We match you with a specialist family lawyer who understands Austrian court practice and your personal situation.
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Navigating family law in Austria
Clear guidance for sensitive family matters
Family legal issues in Austria require both empathy and precise knowledge of Austrian law. From divorce proceedings and child custody arrangements to maintenance claims and inheritance disputes, the rules are rooted in the General Civil Code (ABGB) and shaped by court practice. Our platform connects you with experienced family lawyers in Austria who can explain your options, handle court representation where required and protect your interests. Whether you are in Vienna, Graz, Linz, Salzburg or elsewhere, we help you find the right legal professional without cost or obligation. Every lawyer on our platform is a member of an Austrian regional Bar association and meets strict qualification standards. This ensures you receive advice grounded in current Austrian law and procedural practice.
Family law in Austria: what you should know
How family legal matters work under Austrian law
Austrian family law is codified in the General Civil Code (ABGB) and applied by the ordinary courts. Below are key points to understand before you contact a lawyer. These facts are drawn from official Austrian legal sources.
Court structure for family cases
Family matters such as divorce, child custody and maintenance are typically heard by the district courts (Bezirksgerichte) at first instance. The regional courts (Landesgerichte) may hear appeals, and the Supreme Court (Oberster Gerichtshof) in Vienna is the highest instance. Representation by a lawyer is mandatory in most family cases before the regional and higher courts, and before the district courts where the value in dispute exceeds €5,000.
Divorce requirements and deadlines
Austrian law provides for consensual divorce if the spouses have been separated for at least six months and both agree to the divorce. In fault-based divorce, a filing deadline of six months applies. The matrimonial property regime is separation of property by default, meaning each spouse keeps their own assets. A lawyer can guide you through the procedural steps and required documentation.
Child custody and maintenance
In any family law dispute involving children, the court prioritises the child’s welfare. Maintenance claims and custody arrangements are determined by the district court. Lawyers assist in drafting agreements, representing you in court and ensuring that maintenance obligations are enforced. Recurring maintenance payments are subject to a three-year limitation period for arrears.
Inheritance and forced heirship
Austrian succession law protects close family members through the compulsory portion (Pflichtteil). Descendants and the surviving spouse are entitled to half of their statutory share, regardless of the will. Since 2008 there is no inheritance tax, but real estate transfers trigger real-property transfer tax. A family lawyer can help you navigate estate planning, probate and inheritance disputes.
Mandatory lawyer representation
In civil litigation, including many family law disputes, representation by a lawyer is compulsory before regional courts and all higher courts. Before district courts, a lawyer is required if the value in dispute exceeds €5,000. Even below that threshold, having a lawyer is advisable to protect your rights effectively. All lawyers in Austria are members of a regional Bar association (Rechtsanwaltskammer).
Costs and legal aid
Lawyers’ fees in family matters are governed by the Lawyers’ Tariff Act and can be agreed freely. Court fees depend on the value in dispute. If you cannot afford representation, you may apply for legal aid (Verfahrenshilfe), which may cover court fees and provide a lawyer free of charge. Legal aid is granted subject to financial eligibility and merits of the case.
Key time limits — Family Law
| Matter | Time limit | What it means |
|---|---|---|
| Recurring payments (rent, interest, maintenance arrears) | 3 years | Claims for periodic payments such as rent, interest and maintenance prescribe three years after their respective due date (section 1480 ABGB). |
| Consensual divorce (minimum separation period) | 6 months | A divorce by mutual consent requires that the spouses’ joint household has been dissolved for at least six months, and the spouses must conclude an agreement on the consequences of the divorce (children, maintenance, assets) before the court (section 55a Ehegesetz). |
| Fault-based divorce (filing deadline) | 6 months | The right to petition for a fault-based divorce (Verschuldensscheidung) lapses unless the petition is filed within six months of the spouse learning of the ground for divorce (section 57 Ehegesetz). |
The data on this page comes from official Austrian bodies, e-Justice and CEPEJ (accessed March 2025).
- e-Justice – National justice systems: Austria
- RIS – Rechtsanwaltsordnung (RAO)
- RIS – ABGB § 1478
- RIS – ABGB § 1489
- RIS – ABGB § 1480
- RIS – ABGB § 1486
- RIS – AngG § 105
- RIS – ABGB § 55a
- RIS – ABGB § 57
- JustizOnline – Verfahrenshilfe
- oesterreich.gv.at – Matrimonial property regime
- BMJ – Pflichtteilsrecht
- BMF – No inheritance or gift tax
- oesterreich.gv.at – Land register
- oesterreich.gv.at – Court organisation
- ÖRAK – Structures, data, facts
- RIS – ZPO § 27
Common challenges
Family legal issues can be overwhelming
We understand the stress and uncertainty. These are the situations our matched lawyers handle daily.
Divorce and separation
Navigating the emotional and legal complexities of divorce in Austria, including separation periods, fault grounds and asset division under the default separation-of-property regime, can be overwhelming.
Child custody and maintenance
Reaching fair arrangements for children, enforcing maintenance payments and dealing with cross-border parenting issues require a lawyer who knows Austrian family law and court procedure.
Inheritance disputes
Forced heirship rules and the absence of inheritance tax can lead to conflicts. A family lawyer can protect your rights and navigate probate proceedings in Austria.
Why use our matching service
Find the right family lawyer without the guesswork
Our platform is designed to connect you with a specialist who fits your case and your language needs.
Specialised expertise
We match you with lawyers who focus exclusively on family law, ensuring up-to-date knowledge of Austrian court practice and legislation. This means you get advice tailored to your situation.
Free and non-binding
Getting matched costs nothing. You receive a shortlist of suitable lawyers and you decide whether to contact them, with no obligation. The service is entirely free.
Fast first response
Most requests receive a first response within 24 to 48 hours, so you can move forward quickly with your family matter. We respect your time.
Nationwide coverage
We work with family lawyers in Vienna, Graz, Linz, Salzburg, Innsbruck and all other Austrian regions, so you get local expertise wherever you are across the country.
Serving across Europe
Find family lawyers in other countries
Our platform operates in several European jurisdictions. If your matter involves cross-border elements, consider these locations:
Frequently asked questions
Answers about family lawyers in Austria
How are family law cases handled in Austrian courts?
Family matters such as divorce, child custody and maintenance are generally heard by the district courts (Bezirksgerichte) at first instance. Higher regional courts and the Supreme Court in Vienna handle appeals. In many cases, representation by a lawyer is compulsory depending on the court and the value in dispute.
What is the default matrimonial property regime in Austria?
Austria applies separation of property as the statutory default regime. Each spouse keeps and administers their own assets, including those acquired during marriage. There is no automatic community of acquests. Spouses may agree on a different regime by contract.
How long does a consensual divorce take in Austria?
For a consensual divorce, the spouses must have been separated for at least six months and both must agree to the divorce. Once the court confirms the agreement, the divorce can be granted. The six-month separation period is a statutory requirement under the ABGB.
Are lawyers mandatory for family law proceedings in Austria?
In civil litigation before regional courts and higher courts, lawyer representation is mandatory. Before district courts, a lawyer is required if the value in dispute exceeds €5,000. Even for smaller family matters, having a lawyer is strongly advisable to navigate procedural rules.
What are the costs of hiring a family lawyer in Austria?
Lawyers’ fees are governed by the Lawyers’ Tariff Act (RATG) but may be freely agreed between lawyer and client. Court fees depend on the value in dispute. If you have limited means, you may apply for legal aid (Verfahrenshilfe), which can cover court fees and provide a lawyer at no cost.
How does forced heirship affect inheritance in Austria?
Austrian law limits testamentary freedom through the compulsory portion (Pflichtteil). Descendants and the surviving spouse are entitled to half of their statutory share, regardless of the will. This can lead to disputes; a family lawyer can help you understand your rights and negotiate settlements.
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