Termination or divorce of civil partnership

Prerequisites

• They have been living apart for a year and
• both want the annulment or it cannot be expected that a partnership between them can be re-established or
• You have not yet been living apart for a year, but continuing your relationship would be an unreasonable hardship for you for reasons relating to the other person.
• They have been living apart for three years.

Documents required

As a rule, the following must be presented:

• Your photo ID
• the marriage certificate in original or certified copy
• Please seek legal advice about which documents your lawyer will need from you.

Please note

Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

Please note the deadlines set by the court.

Procedure

• Your lawyer must apply for annulment at the family court on your behalf.
• The court will serve the annulment application on your partner. You are not required to have a lawyer to approve the divorce application.
• At the oral hearing on the application for annulment, the life partners are usually heard in person on the conditions for annulment.
• If the conditions for annulment are met, the family court will declare the annulment of the civil partnership by order.
• The annulment takes place through a final decision of the court.

Processing time

At least 3 months due to the prescribed procedure, possibly longer in more complex procedures. This depends on the individual case.

Fees

• Legal fees according to the Lawyers’ Remuneration Act (RVG)


• Court costs, Section 43 of the Law on Court Costs in Family Matters (FamGKG)


• Calculation based on the value of the item (depending on income and assets)


• If you are in need, you can apply for legal aid


• The court usually orders a waived cost arrangement. This means that each partner pays his or her own legal fees and half of the court costs.


• If the life partners have made a different agreement regarding the costs, the court may agree to this in whole or in part.


• If the application for annulment is rejected, the applicant must bear all costs.


• Tip: You can obtain specific information about the costs incurred in the procedure from your lawyer.

Legal remedies

Complaint against the family court decision within one month by a lawyer

Legal basis

• Section 269, paragraph 1, no. 1 Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


• § 15 Life Partnership Act (LPartG)


• § 270 Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


• Section 111 No. 11 Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG)


• § 122 Law on Proceedings in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) on Local Jurisdiction


• §§ 58 ff. Law on the Procedure in Family Matters and in Matters of Voluntary Jurisdiction (FamFG) in the case of an appeal