How To Getting Contested Divorced In Austria
- The divorce petition is to be filed with the appropriate court. The petition can be presented orally on the day of office in the courtroom by recording or written or submitted. The application must include a divorce petition and the reasons why the divorce is sought as well as any evidence pertinent to the divorce.
- At the start of the proceedings, the judge needs to make efforts to reconcile and provide appropriate counseling services as well as any possibility for mediation up to this an agreed upon point. The possibility of an amicable divorce discussed. If reconciliation efforts fail alternative counseling services cannot be employed and may be obtained in the absence of mutual consent contesting divorce, the process continuing.
- The divorce process is contested and is concluded when the judge grants the petition. The decision can be appealed within four weeks after the notification of appeal. If however, no appeal was filed against the decision, it will be a divorce is deemed to be final after four weeks in force. The law’s force is confirmed by an official copy of the decision.
- In contested divorce proceedings in which divorce is the only option typically completed. The subsequent effects (for instance, division of claims and alimony claims, as well as the control of child custody ) an additional court proceeding is held if there was there was no agreement on these matters during divorce process.
- The divorce of marital assets as well as savings accounts that are jointly owned are only valid for one year of the divorce is finalized.
Note: If a spouse wishes to pursue an amicable divorce then the contested divorce process could be stopped at any point.
Documents that are required Getting Contested Divorced
- Certificate of Marriage Certificate
- The proof of nationality of spouse or spouse’s spouse.
- Identification of the official wife or Husband
- confirmation of message
- If required birth certificates for children
- Documents related to the property which are scheduled to be dispersed (Deed lease, deed, etc. )
Office Locations and Contacts
Federal Ministry of Justice
1070 Vienna, Museumstr. 7
Contact Numbers Contact Numbers: Telephone: 01/526 36 / 0800-99-99 99 99 (From 8am until 4:00pm)
When the parties reach a settlement, they and are then charged for additional costs. This review includes the standard and essential contents that a divorce agreement must include if it is amicable divorce. The costs is 266 euros. If the issue is the part of the agreement it is the transfer of ownership for an immovable property, the total amount is 398 euros.
Each party is required to initially pay the costs associated with the process and legal representation. If a spouse or spouse of the one who is that eventually become the subject of the course of the proceedings and the other party is required to pay the cost. The winning party only wins partially, and the costs are divided proportionally.
Notice: Spouses with low-income in certain situations could be eligible for legal assistance. It can be sought from the appropriate court. Download a form or submit the application online.
Documents to Utilize
Download Legal Aid Formulation for Authorization to Apply
Form online to send form online
The district court in the district in which spouses reside in the most common residence or have been living in will be responsible for divorce process.
The Document is required Getting Contested Divorced
Divorce or dissolution of marriage is the ending of the marriage union between married couples. This results in the cancellation of all legal obligations and obligations between the husband and wife.
In divorces with contested parties where divorce is contested, it’s part of a civil action is carried out.
- A divorce that is contested and blamed on the fault of
- Divorce as a result of a agreement of the family
- Divorce contests for different reasons
Information that could be helpful
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- Austrian Government Portal