Divorce by mutual consent is the most common form of divorce in Austria. Around 90 percent of all divorces are by mutual consent, as this is the simplest, least stressful and least expensive of all forms of divorce. Frequently, (contentious) divorce proceedings initiated by means of a lawsuit are also terminated by mutual consent.
A great advantage of divorce by mutual consent is that the question of fault can be avoided and thus a war of the roses does not occur. However, there are also some points to consider in the case of divorce by mutual consent!
In order to divorce by mutual consent, the Marriage Act provides that both spouses file jointly for divorce of the marriage.
In addition, the marital partnership must have been dissolved for at least six months. The required termination of cohabitation also exists if both spouses still live together in the marital home. However, the jointly managed household must have ceased to exist. This means that each person lives as if they were on their own.
Furthermore, there must be agreement on the divorce of the marriage itself - both spouses must actually want the divorce.
If you have minor children, you must provide the court with proof of marriage or family counseling at the latest at the divorce hearing.
In addition, the law requires that a divorce by mutual consent may only be carried out if there is an agreement on the consequences of the divorce (divorce agreement). This must contain provisions on
- Custody, maintenance and contact rights of the minor children. Children;
- Spousal support; and
- Distribution of assets
include. In the divorce agreement, you should also make arrangements about the whereabouts of the marital home, joint debts or the family car.
In principle, there is no obligation to hire a lawyer for the proceedings. However, drawing up such an agreement is often more difficult than initially thought. The division of assets in particular can present you with challenges. If real estate is being transferred, you should have your lawyer draw up the agreement anyway. Also, do not be caught off guard and agree to an agreement presented by your spouse prematurely - review such an agreement carefully.
