Scheidung (Divorce) in Germany and Austria: Process and Costs 2026

Divorce in Germany and Austria: What the Law Says in 2026

Divorce (Scheidung) is the legal end of a marriage. In both Germany and Austria, the core principle is that marriage can be dissolved only when it has irretrievably broken down (Zerrüttungsprinzip). For Germany, the relevant law is the German Civil Code (Bürgerliches Gesetzbuch, BGB), particularly sections 1564 to 1587. For Austria, the Austrian General Civil Code (Allgemeines bürgerliches Gesetzbuch, ABGB) and the Marriage Act (Ehegesetz) apply. In 2026, no major reforms are expected, but case law continues to evolve, especially regarding digital court filings and cost calculations.

This guide explains the process, costs, and key differences between the two countries in plain language. It is not legal advice. Always consult a lawyer (Rechtsanwalt) for your specific case.

Step-by-Step Divorce Process in Germany and Austria

Step 1: Separation Period (Trennungsjahr)

In both countries, you must live apart for at least one year before filing for divorce. Exceptions exist for hardship cases (e.g., abuse). In Austria, the separation period is also one year, but if both spouses agree, a divorce can be granted faster under certain conditions (einvernehmliche Scheidung). In Germany, the one-year separation is mandatory unless both spouses consent and the marriage has been broken for at least one year.

Step 2: Filing the Petition (Scheidungsantrag)

You file a divorce petition with the family court (Familiengericht in Germany, Bezirksgericht in Austria). The petition must include personal details, marriage date, separation date, and whether you have minor children. In Germany, you must also submit a certificate of marriage registration (Eheurkunde) and, if children are involved, a parenting plan (elterliche Sorge). In Austria, the petition is simpler for uncontested divorces.

Step 3: Court Hearing and Decree

The court sets a hearing. In Germany, the judge will try to reconcile the spouses (Versöhnungsversuch) but rarely succeeds. If no agreement is reached, the court issues a divorce decree (Scheidungsurteil). In Austria, the process can be quicker if both parties agree. The divorce becomes legally binding after the decree is served.

Step 4: Ancillary Matters

Divorce often involves spousal maintenance (Ehegattenunterhalt), child support (Kindesunterhalt), division of pensions (Versorgungsausgleich in Germany, Pensionssplitting in Austria), and property division (Zugewinnausgleich in Germany, eheliches Gebrauchsvermögen in Austria). These can be settled by agreement or court order.

Costs of Divorce in 2026

Costs vary widely. In Germany, court fees are based on the value of the case (Verfahrenswert), which is typically three months' net income of both spouses combined. For example, if combined net income is €4,000/month, the Verfahrenswert is €12,000. Court fees for an uncontested divorce are about €300–€600. Lawyer fees add €1,000–€3,000 per spouse. Total costs often range from €2,000 to €5,000. In Austria, costs are similar: court fees are based on the Streitwert (value in dispute), and lawyer fees are regulated by the Austrian Lawyers' Tariff Act (RAO). An uncontested divorce in Austria costs about €1,500–€4,000 total. Legal aid (Verfahrenshilfe in Germany, Verfahrenshilfe in Austria) is available for low-income individuals.

Key Differences Between Germany and Austria

While both countries follow the irretrievable breakdown principle, there are notable differences:

• Grounds for divorce: In Germany, the one-year separation is the standard ground. In Austria, you can also divorce by mutual agreement after six months if there is no serious dispute.
• Division of pensions: Germany has a mandatory Versorgungsausgleich, where pensions earned during marriage are split equally. Austria has Pensionssplitting only if a spouse requests it and meets certain conditions.
• Property division: Germany applies Zugewinnausgleich (equalization of gains) during marriage. Austria treats property division differently, focusing on marital property (eheliches Gebrauchsvermögen) and savings.
• Lawyer requirement: In Germany, each spouse must have a lawyer for a contested divorce. In Austria, you can represent yourself in an uncontested divorce.

Practical Tips for 2026

Gather all financial documents early: tax returns, bank statements, pension statements. Consider mediation (Mediation) to reduce conflict and costs. In both countries, you can file for divorce online in some regions, but paper filings remain common. Check your local family court website for digital options.

Frequently Asked Questions

1. Can I get a divorce if my spouse does not agree?

Yes. In both Germany and Austria, you can file for divorce even if your spouse objects, as long as the one-year separation period has passed. The court will grant the divorce if the marriage has irretrievably broken down.

2. How long does a divorce take in Germany vs. Austria?

In Germany, an uncontested divorce takes 3–6 months. Contested divorces can take 6–12 months. In Austria, uncontested divorces are faster, often 2–4 months. Contested divorces take 6–18 months, depending on complexity.

3. What about child custody after divorce?

In both countries, joint custody (gemeinsames Sorgerecht) is the default if parents agree. If not, the court decides based on the child's best interests. In Germany, the court may order a parenting plan. In Austria, the court often appoints a guardian ad litem (Kinderbeistand).

4. Do I need a lawyer for divorce in Germany or Austria?

In Germany, yes—each spouse must have a lawyer if the divorce is contested. In Austria, you can represent yourself in an uncontested divorce, but a lawyer is recommended for complex cases.

5. Can I get a divorce without going to court?

No. Divorce requires a court order in both countries. However, you can agree on all terms outside court (e.g., through a notary or mediation) and then submit a joint petition for a quicker process.

6. What are the tax implications of divorce in 2026?

In Germany, alimony payments are tax-deductible for the payer and taxable for the recipient (Realsplitting). In Austria, alimony is not tax-deductible. Property transfers during divorce may trigger real estate transfer tax (Grunderwerbsteuer) in both countries, but exemptions exist for transfers within two years of divorce.

Official Resources

For Germany: Federal Ministry of Justice (Bundesministerium der Justiz) at www.bmj.de and the German Civil Code (BGB) at www.gesetze-im-internet.de. For Austria: Federal Ministry of Justice (Bundesministerium für Justiz) at www.justiz.gv.at and the Austrian Marriage Act at www.ris.bka.gv.at. EU regulations on cross-border divorces (Brussels IIb Regulation) apply if you live in different EU countries.

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