Family law questions are rarely purely legal questions. We work objectively, clearly and towards solutions that hold.
Austrian marriage and divorce law governs central questions of living together and of ending a marriage. We advise and represent in these situations, which are often demanding both emotionally and legally – in Salzburg and the surrounding area, for either side of a separation, and equally as a precaution when drafting marriage contracts and partnership agreements.
Our services in family law
- Divorce: by mutual consent or contested, including an assessment of the prospects of success and the deadlines.
- Divorce settlement agreement: maintenance, division of assets, the matrimonial home, custody and contact rights in one robust agreement.
- Marriage contract and partnership agreement: provision before marriage or during an existing marriage.
- Maintenance: spousal and child maintenance, calculation, enforcement and adjustment of existing orders.
- Custody and contact rights: arrangements in the interest of the welfare of the child, representation in guardianship proceedings.
- Division of assets: matrimonial property in use and savings, valuation of real property, equalisation payments.
- Parentage law: establishing and contesting paternity.
- Protection from violence: preliminary injunctions to protect against violence in the home and its surroundings.
Marriage and its legal consequences
Marriage creates mutual rights and obligations: the duty to contribute to the joint cost of living, the duty of fidelity and support, and joint custody of children born during the marriage. As to property, Austria applies separation of property in principle – each spouse keeps what they bring into the marriage, unless otherwise agreed. Only on divorce does the division of matrimonial property in use and savings come into play.
By mutual consent or contested – the decisive fork
Divorce by mutual consent requires that both spouses agree on the divorce and all its consequences. It is faster, cheaper and easier on the relationship where children are involved. Contested divorce becomes necessary where that agreement is lacking: divorce for fault on account of a serious matrimonial offence, or divorce for breakdown without fault. We assess in each case which route is realistic and commercially sensible – and point out where a finding of fault would cost more than it achieves.
Family law in Salzburg
Family matters fall to the district courts – for the city of Salzburg, the District Court of Salzburg, and in the districts the respective district courts in Hallein, Neumarkt, St. Johann im Pongau, Zell am See and Tamsweg. Guardianship proceedings concerning custody and contact rights are also heard there, frequently with the involvement of the child and youth welfare service or a family court assistance service. We know these procedures and prepare you for what to expect.
A first conversation creates clarity
The starting point is usually the question of what is actually possible – legally and financially. That is exactly what we clarify in the initial consultation, without pushing you towards any particular route. Arrange an appointment; everything you entrust to us is subject to attorney-client privilege.