Matrimonial and family law is a legal field characterised by great emotions rather than strict formalities. Seeking a lawyer at the end of a marriage, however, is not always the last resort. In this day and age, entering a prenuptial agreement is an increasingly popular trend. We advise our clients on this topic and can set up aprenuptial agreement that complies with the statutory provisions and meets the expectations of the couple. Even before getting married, couples can thus come to an agreement over the division of matrimonial property and savings in case of a divorce.
If the spouses agree on the essential aspects of the divorce even without a prenuptial agreement in place, a consensual divorce is the least costly and most efficient solution for terminating the marriage. In such a case, we set up a divorce agreement according to the wishes of the spouses, which contains the rules on maintenance, the division of the matrimonial property and savings, and, in case of children, details on custody, visiting rights, and child support. Of course, we also provide advice on the social insurance consequences of a divorce.
Although some 85% of all divorces in Austria in 2019 were consensual, the sole or mutual fault in the breakdown of a marriage is often the subject of our representations in contentious divorces. We inform our clients on the grounds of a culpable divorce, such as unloving behaviour, infidelity, or even violence, and consider the necessary steps to take in court.
Division of matrimonial property
In the absence of an agreement on the division of matrimonial property and savings, resorting to the courts is often the only solution. Such proceedings are often very complex due to the various forms of assets such as real estate property, common savings, or outstanding loans. Due to our year-long experience and continuous training, we are in a position to offer the best possible representation and to submit the corresponding applications to the court.
Based on our experience, the most common reasons for disagreements are child custody, visiting rights, and child support.
Visiting rights, child support, and maintenance
In the amendments introduced in family law in 2013, the legislators focused in particular on joint custody. Court decisions in this field are often taken on a case-by-case basis. Our in-depth knowledge of the current case law allows us to find the best possible solution for the children, and to efficiently enforce their rights toward the respective parent. As already mentioned, the termination of a marriage often triggers a significant number of court proceedings, because the issues of divorce, division of matrimonial property and savings, spouse maintenance, custody and visiting rights, as well as child support must each be settled in separate proceedings. Therefore, we offer extensive out-of-court advice already beforehand, as well as any subsequent representation in court.