Legal Grounds for Divorce in Austria
Marriage is a legal contract that requires two people to be committed to each other. It is a lifetime commitment that requires effort and dedication to make it work. But sometimes, relationships dissolve due to various reasons such as infidelity, domestic abuse, or irreconcilable differences.
In Austria, divorce is granted within two legal grounds. These grounds are the Fault-based system and the No-fault system. Fault-based divorces are based on the misconduct of one spouse that led to the end of the marriage. These grounds include adultery, desertion, and abuse. On the other hand, the No-fault system is referred to as “one-year separation with potential reconciliation.” It is based on the irretrievable breakdown of the marriage that cannot be reconciled. The couple should have been living apart for at least one year with no chance of reuniting. Uncover more information about the subject by checking out this recommended external website. https://Rieger-recht.at/.
It is important to choose the right legal basis for your divorce, because it might affect the outcome of the proceedings.
Property Division in Divorce
In Austria, assets acquired during the marriage are divided equally between the spouses. This ensures that both partners receive the same share of the assets. However, this does not necessarily mean that the assets will be divided into equal parts.
The court has to determine certain factors when dividing property in a divorce case. These factors include the duration of the marriage, the incomes of each partner, and the contributions of each partner to the marital estate. For instance, if one of the partners contributed more to the marital assets or sacrificed their career for the family, the court may award a larger portion of the assets to them.
Moreover, any property acquired before the marriage, gifts, inheritance, or personal assets are considered separate property and are not divided between spouses.
Child Custody and Support in Divorce
Child custody and support are some of the critical issues that need to be addressed during the divorce process. The children’s best interests are paramount, and the court considers several factors when deciding on custody and support.
Both parents have equal rights to their children, and if the court cannot decide on the custody arrangement, joint custody might be awarded. In a joint custody arrangement, both parents are responsible for making significant decisions concerning the children. However, physical custody may be awarded to one of the parents, giving them the right to have the children live with them.
Child support is determined based on the child’s needs and the financial capabilities of each parent. The court may require one parent to pay support to the other parent until the child reaches 18 or is deemed financially self-sufficient. Our dedication is to offer a fulfilling educational experience. That’s why we suggest this external website with extra and relevant information about the subject. Scheidungsanwalt Wels, investigate and broaden your understanding!
Conclusion
Divorces can be complicated and emotionally draining. Therefore, it is essential to have the right information about divorce rights and proceedings in Austria. The decision to divorce is never easy, and there is a lot at stake. However, with the right legal representation, you can navigate through the proceedings and achieve a fair agreement that benefits all parties.
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