Get an amicable divorce (§55a) in Austria
End a marriage cooperatively at the district court. An amicable divorce under §55a of the Marriage Act needs at least six months of separation, agreement that the marriage has broken down, and a complete settlement of the consequences.
- Timeline
- Often a single hearing within a few weeks once the agreement is ready
- Cost
- Court fees; lawyer or notary fees for the settlement agreement are optional but common
- Steps
- 6 stages
Deadline — read this first
The marital cohabitation must have ended at least six months before the joint application.
Who can file
Both spouses jointly; the amicable route requires a joint application.
Step by step
- 1
Confirm eligibility
Both spouses must agree the marriage has irretrievably broken down and must have lived apart (not necessarily in separate homes) for at least six months.
- 2
Negotiate the settlement
Agree on the division of marital property and savings, the marital home, any spousal maintenance, and — where there are children — custody, contact and child support.
- 3
File the joint application
Submit the joint divorce application together with the settlement agreement to the competent district court (Bezirksgericht) at the last common residence.
- 4
Attend the hearing
Both spouses appear before the district-court judge, who confirms the breakdown, the six-month separation and that the agreement is complete and freely made.
- 5
Court approves child arrangements
Where minor children are involved, the court reviews the custody and contact arrangements against the child’s best interests before approving them.
- 6
Divorce takes effect
The court records the divorce; once the decision is final, the marriage ends and the civil registry is updated.
Documents you must produce
- Joint divorce application
- Written settlement agreement on all consequences
- Marriage certificate
- Details and arrangements for any minor children
- Identity documents of both spouses
Common mistakes that sink cases
- Applying before the six-month separation period has elapsed.
- An incomplete settlement: the amicable route requires agreement on all consequences, not just the divorce itself.
- Overlooking that child arrangements are approved on the child's best interests, not merely the parents' wishes.
- Confusing the amicable route with a fault-based contested divorce, which follows a different, longer procedure.
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