Family law & divorce in Vienna
Last updated: October 2026
Separation, divorce, children, money: we guide you calmly and systematically through the key questions of family law. They range from divorce by mutual consent to disputes over custody and maintenance.
Family law governs the legal consequences of marriage and separation. It covers the divorce itself – either by mutual consent under § 55a of the Marriage Act (EheG) or as a contested, fault-based divorce under § 49 EheG. It also covers the division of matrimonial property and savings (§§ 81 et seq. EheG). For the children, it governs custody and the right of contact (formerly known as visiting rights) under §§ 138 and 187 of the Austrian Civil Code (ABGB). Child maintenance and spousal maintenance are also part of family law. In all matters concerning children, the deciding factor is the best interests of the child.
When a legal matter turns serious, what counts is who is by your side.
A separation is rarely just an emotional matter. It raises legal questions that will shape your financial and family future for years to come. How will the marriage end? What happens to the flat and the savings? Who looks after the children, and who pays how much maintenance? Because so much is at stake and decisions are hard to undo, it pays to get a clear assessment early on.
We specialise in civil litigation and support you across the whole of family law – from an amicable solution to contentious proceedings before the district court. You deal with one dedicated contact who knows your case. Where agreement is possible, we seek it. Where it cannot be reached, we pursue your interests firmly. We make no promises about any particular outcome – but we do promise an honest assessment of your situation. We advise in German, English, Slovak and Polish.
- You want to get divorced and are not sure whether a divorce by mutual consent or a contested divorce is the right route.
- Assets are involved – a property, joint loans or a business.
- You have children together – and with them, questions about custody, contact and maintenance.
- You are about to sign a divorce settlement agreement and want it reviewed first.
- The other party is not paying maintenance or is not keeping to agreements.
- You feel you are being taken advantage of in the separation and need a clear assessment of your rights.
Areas of family law
What really matters in a divorce in Vienna
Which district court deals with your case, where people often lose money in a divorce, and when you actually need a lawyer to represent you.
View page → 01Divorce by mutual consent
The quicker, less expensive route under § 55a EheG – if you both agree on the consequences. Requirements, the divorce settlement agreement and the procedure at the district court.
View page → 02Contested divorce
When no agreement is possible: the action for divorce, serious marital misconduct and the ruling on fault, which determines post-divorce maintenance.
View page → 03Division of property
What is divided and what is not, the matrimonial home as a special case – and the strict one-year deadline for claiming division (§ 95 EheG), which no one can afford to overlook.
View page → 04Custody & contact
Joint custody as the default, contact as the child’s right, double residence, where the child spends roughly equal time with each parent – all measured against the best interests of the child.
View page → 05Maintenance
Child maintenance calculated using the percentage method, spousal maintenance, adjustment when circumstances change, and enforcement when payments are not made.
View page → ＋Not sure which applies to you?
Call us or write to us. We will assess your matter in an initial consultation and explain the next steps.
Consultation →A strategy, not an off-the-shelf solution
We listen, assess your situation from a legal perspective and set out realistic options – out of court where agreement is possible, and in court where it becomes necessary. You deal with dedicated contacts who know your case. Clear, calm and as equals.
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Tell us about your matter in confidence and without obligation – we will speak to you as an equal and get back to you promptly with an initial assessment.