Family
Same-sex marriage since 2019, with divorce by fault or mutual consent
Marriage has been open to same-sex couples since 1 January 2019, and both marriage and the registered partnership are now available to all couples. Divorce can be pursued on fault grounds or, most commonly, as an amicable divorce by mutual consent under §55a of the Marriage Act after at least six months of separation.
Key rules
- Marriage and registered partnership are open to couples regardless of sex since 1 January 2019.
- An amicable divorce (§55a EheG) requires at least six months' separation, agreement, and a settlement of the consequences.
- A contested divorce turns on fault, primarily the irretrievable breakdown attributable to a spouse.
- The default marital property regime is separation of property, with equitable division of marital assets on divorce.
Governing law
- Marriage Act (Ehegesetz, EheG)Marriage and divorce, including §55a amicable divorce
- General Civil Code (ABGB), family law (1811)
In practice
The amicable route is far more common and faster, but the court will still scrutinise arrangements for any children. Fault matters mainly for maintenance, so contested divorces often centre on who caused the breakdown.