Legal issues Austria

The marriage procedure for foreigners in Austria is relatively straightforward, but it requires fulfilling a number of legal requirements and preparing the necessary documents.

 

Main requirements

- Residency: There is no minimum residency requirement for marriage in Austria. This means you can get married without being a resident of the country.

- Age restrictions: Both partners must be at least 18 years old. If one of the spouses is between 16 and 18 years old, court permission and parental consent are required.

- Civil marriage: Only civil marriages are recognized in Austria. A religious ceremony can follow it, but it is not necessary for the marriage to be legal.

 

Required documents

- Passport: A valid passport for both partners.

- Birth certificate: A certified copy of the birth certificate must be provided with a translation into German if it is in another language.

- Certificate of marital status: This document confirms that both partners are eligible to marry, and it must be issued by your country and translated into German.

- Proof of residence: If one or both partners reside in Austria, a registration certificate is required.

- Divorce or death certificates (if applicable): If one of the partners was previously married, documents of divorce or the former spouse's death certificate must be provided.

 

Procedure

- Appointment booking: The marriage is registered at the local civil registry office. It is recommended to start the process six months before the intended wedding date.

- Interview: Both partners must attend an interview at the civil registry office, where the documents provided are verified to confirm eligibility for marriage.

- Language of the ceremony: The civil ceremony is conducted in German. If you do not speak German, it is necessary to invite a translator.

 

Timeframes

The preparation and completion of all procedures usually take two to four weeks. However, it is recommended to start preparations six months before the wedding, especially for collecting documents.

The registration of a child's birth in Austria is an important procedure carried out through the local civil registry office. Here are the main steps and documents to consider:

 

Birth notification

- If the child is born in a hospital, the information is automatically sent to the civil registry office for birth registration. Parents should check with the hospital how the process will be organized.

- In the case of home births, the birth notification must be sent by the doctor or midwife present at the birth and then submitted by the parents to the civil registry office.

 

Issuance of the birth certificate

- The birth certificate contains the child's name, the parents' names, the date, time, and place of birth. This document is necessary for further procedures, such as registering the child's residence and obtaining citizenship.

- Parents are required to register the child's birth and apply for a birth certificate within a week after the birth.

 

Required documents

If the registration is carried out by the hospital, documents are generally not required. If parents register the birth themselves, they need to provide the following documents:

- Marriage or registered partnership certificate (if applicable);

- Parents' birth certificates;

- Proof of citizenship and residence.

 

Cost

The initial issuance of the birth certificate, as well as the registration of residence and citizenship for the newborn, is free if the procedure is completed before the child's second birthday. Small fees may apply for duplicate copies.

 

Registration of residence

After obtaining the birth certificate, the child must be registered at the place of residence within three days after returning from the hospital. This can be done at the local registration authority or the civil registry office.

 

Specifics of birth registration for foreign children

 

Required documents

 

In addition to the standard documents required for birth registration, foreign parents must provide additional documents:

 

- Passport or other document confirming the identity of the parents: Usually, a valid passport is required. If documents are issued in another language, a notarized translation into German must be provided.

 

- Visa or residence permit: If the parents are in Austria based on a visa or other type of permit, a copy of these documents may be required.

 

- Marriage or registered partnership certificates: If the parents are married or in a registered partnership, the appropriate documents must be provided. Otherwise, paternity confirmation may be required through paternal recognition.

 

- Citizenship documents: If the parents have dual citizenship or citizenship of another country, citizenship confirmation may be required to determine the child's citizenship.

 

Child's Citizenship

 

Austria operates under the principle of ius sanguinis (right of blood), meaning that the child inherits citizenship from the parents, not by place of birth. This means:

 

- If one or both parents are citizens of Austria, the child automatically acquires Austrian citizenship.

 

- If neither parent is an Austrian citizen, the child acquires the citizenship of the parents' country. In some cases, obtaining Austrian citizenship by place of birth is possible, but this requires meeting certain conditions and submitting an appropriate application.

 

Translation of Documents

 

All documents submitted for birth registration must be in German. If the original documents are in another language, a notarized translation is required. In some cases, an apostille or legalization of documents issued outside of Austria may be necessary.

 

Registration at the Embassy or Consulate

 

Foreign parents might also consider registering the child's birth at the embassy or consulate of their country. This may be necessary to obtain additional documents, such as a citizenship certificate or child’s passport.

 

Health Insurance

 

Ensure that the child is registered in Austria's health insurance system. If the parents are foreigners and have international health insurance, confirm whether it meets the child's needs in Austria.

 

Additional Steps for Dual Citizenship

 

If parents want the child to hold dual citizenship (e.g., Austrian and citizenship of another country), they should familiarize themselves with the laws of both countries in advance, as some countries do not recognize dual citizenship or require renunciation of previous citizenship.

 

Processing Time

 

Keep in mind that the birth registration process may take longer for foreigners due to additional requirements and the need for document translation. It is recommended to start the process as soon as possible after the child’s birth to avoid delays.

 

Legal Assistance

 

In case of difficulties or necessity, you can seek legal assistance from lawyers specializing in family law and citizenship issues.

Registering your own business in Austria is a step-by-step process requiring compliance with a number of legal requirements and document submissions.

 

Choosing a Legal Form

In Austria, several legal forms for businesses are available:

- Sole Proprietorship: Suitable for small businesses and requires minimal documentation.

- Limited Liability Company (GmbH): The most popular business form. Requires a minimum capital of €35,000, of which €17,500 must be paid at the time of registration.

- Joint Stock Company (AG): Minimum capital is €70,000, used for large enterprises.

 

Steps for Registration

- Opening a bank account: For a GmbH, it is necessary to open a bank account and deposit the minimum capital.

- Preparing documents: Key documents include the company charter, signed by directors, and confirmation of capital deposit.

- Registration in the commercial register: All documents, including the charter and capital deposit confirmation, are submitted to the commercial register for official company registration.

 

Obtaining licenses and permits

Depending on the type of activity, a trade license may be required. For regulated activities, it is necessary to confirm the qualification or appoint a manager with signing authority.

 

Registration with tax authorities and social insurance

After registration in the commercial register, the company must obtain a tax number and register for VAT (if the turnover exceeds €35,000 per year). It is also necessary to register employees in the social insurance system.

 

Terms and cost

- The registration process can take from a few days to several weeks depending on the complexity and type of business.

- The registration cost includes minimal fees for document processing and expenses for notary services and bank commissions.

 

This process requires careful document preparation, and to simplify the process, it is recommended to use the services of lawyers or consultants to meet all requirements and avoid delays.

Availability of online notary services

Austria is one of the leading countries in Europe for the implementation of online notarial services. Since 2020, most notarial activities such as signature certification, power of attorney creation, and company formation can be fully conducted online via videoconferencing with a notary. This is especially convenient for foreign citizens who do not need to physically visit Austria for document preparation.

 

Features for foreign documents

For foreign citizens and documents that will be used outside Austria, an apostille may be required. Austria has signed the Hague Convention, so documents intended for member countries need an apostille obtained in regional court. If a country has not signed the convention, the process will be more complex and require intermediate certifications in regional and international bodies.

 

Services in multiple languages

In Austria, it is possible to find notaries offering services in foreign languages, including English, which simplifies the process significantly for non-residents. Additionally, embassies of some countries may provide limited notarial services for their citizens, if local notaries cannot assist.

 

To obtain notary services for foreigners in Austria, it is recommended to contact a professional notary to clarify all the requirements for a specific case, especially if the document will be used abroad.

The divorce procedure in Austria may vary depending on the circumstances of the couple but usually involves several key steps.

 

Types of divorce

- Mutual consent divorce: This is the simplest and quickest way to dissolve a marriage. Couples who agree to the divorce terms (property division, custody, and alimony) file a joint application. Such a divorce usually takes 2 to 4 weeks.

- Fault-based divorce: If one spouse considers the other at fault for the marriage breakdown (e.g., due to adultery or violence), a fault-based divorce can be filed. This process can take from one to three years and requires proof of fault.

 

Divorce process

- Filing an application in court with all necessary documents attached (marriage certificate, identity documents, and children's documents, if any).

- A court hearing where the parties must be present in person. The judge asks questions related to the divorce and its terms.

- After the decision, each party has two weeks to appeal.

 

Custody and alimony issues

The court usually assigns joint custody to both parents if it serves the child's interests. However, if parents cannot agree, the court may appoint one as the primary guardian. Child support is calculated based on the parents' income and the child's age.

 

Property division

In Austria, property division concerns only what was acquired during the marriage. Personal property, gifts, and inheritance are generally not subjected to division. If spouses cannot agree on the division, the court decides.

 

Divorce cost

The minimum cost of filing for divorce is about 266 euros, but if the divorce is complex, the expenses can significantly increase due to the need for lawyers and potential litigation.

 

Living in Austria after Divorce

A foreign spouse may lose their residence permit after divorce if their status was based on marriage. However, it is possible to apply for a new residence permit if certain conditions are met, such as the duration of stay in the country or employment status.

 

The divorce process can be quite complex, especially if there are disputes regarding custody or property, so it is recommended to seek legal assistance to simplify the process.

 

Divorce Features for Foreigners

Jurisdiction Rules

- Place of filing for divorce: Divorce in Austria is possible if at least one spouse resides in the country. For foreigners who are only temporarily in Austria, divorce may be possible depending on their residency status and place of registration.

- Applicable law: In Austria, divorces involving foreign citizens can be subject to the legislation of their country of citizenship or Austrian laws. However, if the spouses have been living in Austria for more than five years, it is likely that Austrian law will apply.

 

Residence Permit after Divorce

- Foreign spouses may lose their residence permit if their status was based on marriage to an Austrian citizen. However, they can apply for a new residence permit if they have lived in the country for at least five years and meet certain requirements, such as having a job, housing, and health insurance.

 

Procedure and Documents

Foreigners, like Austrian citizens, need to provide the standard set of documents: an application for divorce, a marriage certificate, documents proving identity and citizenship, and birth certificates of children (if any). For foreign documents, a notarized translation may be required.

 

Child Custody and Alimony

Foreigners, like Austrian citizens, may face issues regarding child custody and alimony payments. Austrian courts typically appoint joint custody if it is possible and in the best interests of the child.

 

International Aspects

If one of the spouses is abroad or the divorce involves citizens of different countries, issues may arise regarding the recognition of the divorce in other states. Austria recognizes divorces processed in other EU countries provided relevant conditions are met, but for countries outside the EU, legalization of the divorce through diplomatic channels may be required.

 

In case of difficulties with divorce or legal status in Austria, it is advisable to consult lawyers specializing in international divorce proceedings.

Free Legal Assistance

Foreigners with low income may be eligible for free legal assistance. This can cover court fees, attorney services, and other expenses related to the process. To apply for assistance, you need to contact the court of first instance or the court at your place of residence. If your application is approved, a lawyer will be appointed for you through the bar association.

 

Legal Consultations through NGOs

There are organizations such as Caritas, Diakonie, and Helping Hands that offer legal consultations for refugees, migrants, and low-income individuals. These organizations help resolve issues related to residency rights, labor rights, discrimination, and other legal aspects.

 

Legal Protection Insurance

In Austria, you can arrange for legal protection insurance, which covers expenses for legal consultations and defense in case of disputes. This can be a separate insurance or part of an insurance package related to real estate or other property.

 

Consultations for Workers and Tenants

If you are an employee, you are automatically a member of the Chamber of Labor, which offers free consultations on labor issues and housing rights. In addition, there are tenant associations that help resolve disputes with landlords.

 

Legal Assistance in Special Cases

Students can seek legal assistance from the Student Union, while self-employed individuals and entrepreneurs can receive consultations through the Austrian Chamber of Commerce, which offers support for business-related matters.

Requirements for Certified Translations

For official use of documents in Austria, such as birth, marriage, divorce certificates, academic documents, etc., a certified translation is required. These translations can only be carried out by certified translators registered with the Austrian courts. Such translations must be certified with the signature and seal of the translator.

 

Use of Sworn Translators

When judicial or official use of a document is necessary, it is important to contact translators included on the list of sworn translators. These translators have the authority to certify the accuracy of the translation, and their signatures are recognized by Austrian authorities without the need for additional certification.

 

The Process of Legalization and Apostille

If a document is issued abroad and needs to be used in Austria, it may require legalization through an apostille (for countries part of the Hague Convention) or consular legalization (if the country is not a member of the convention). Only after this can the document be translated and accepted by Austrian authorities.

 

Translation Arrangement Procedure

Translations must not only be accurate but also include all official seals and marks from the original document. The translation must also be physically attached to the original to ensure its authenticity. If the document consists of several pages, they must be properly bound.

The judicial system of Austria is based on the principles of judicial independence and a clear separation between civil and criminal courts. The system is organized into four levels: district courts, regional courts, higher regional courts, and the Supreme Court.

 

Levels of Courts

- District courts handle cases with less significant sums and simple civil disputes (e.g., family cases, real estate rentals) and minor criminal cases. They also deal with inheritance, guardianship issues, and land registration.

- Regional courts handle more serious civil and criminal cases and appeals against district court decisions. In some cases, they conduct hearings with a panel of judges.

- Higher regional courts hear appeals against regional court decisions, as well as competition and antitrust cases.

- The Supreme Court is the highest instance for appeals in civil and criminal cases.

 

Special Courts for Specific Matters

In Vienna and Graz, there are special courts for labor and social issues, as well as for commercial cases, allowing more efficient resolution of specialized matters.

 

Features of Technology Use

The judicial system of Austria actively implements technologies such as electronic communication and video conferencing. These tools allow for remote submission of documents and participation in court hearings, which is especially important during crisis situations.

 

Administrative Courts

Separate from the general system, administrative courts handle disputes between citizens and the state. These courts deal with cases related to migration, taxes, and other administrative issues.

The procedure for purchasing real estate in Austria for foreigners includes several important stages and requirements, which depend on the citizenship of the buyer and the region where the property is located.

 

Legal Requirements for Foreigners

- EU and EEA citizens can purchase real estate in Austria without the need for special permission, and the purchasing process for them is similar to that for Austrian citizens.

- Citizens of third countries (non-EU/EEA) typically must obtain permission from local authorities to purchase real estate. This permission is regulated by the legislation of the region where the property is located and depends on the socio-economic significance of the transaction (e.g., purchasing for residential or commercial use).

 

Purchase Procedure

1. Property Search: Buyers can use the services of real estate agents who will help find a suitable property, conduct negotiations, and prepare documents.

2. Offer and Sales Contract: After selecting a property, a written offer is made, and if accepted, the notary prepares the sales contract. An advance payment (up to 10% of the property's value) often needs to be deposited into an escrow account.

3. Property Registration: After signing the contract, it's necessary to register the ownership right in the land registry, which confirms the legal ownership of the property.

 

Additional Expenses

When purchasing real estate in Austria, the buyer must consider additional costs that can range from 7% to 11% of the property's value. These include:

- Real estate transfer tax — 3.5% of the purchase price;

- Notary fees — from 1% to 3%;

- Registration fee — 1.1% for land registry entry.

 

Special Features of Buying Secondary Housing

In Austria's tourist regions, there are restrictions on purchasing secondary residences (second homes), especially for foreign nationals, as such properties are often reserved for residents or restricted for rental use.

 

Thus, the process of purchasing real estate in Austria for foreigners requires thorough preparation and, if necessary, consultations with lawyers for obtaining permits and correctly conducting the transaction.

Guardianship

In Austria, guardianship over children can be joint or sole. Usually, parents retain joint guardianship, even after divorce, if it's in the best interest of the child. Foreigners residing in Austria can participate in proceedings related to guardianship, including cross-border custody disputes within the framework of EU legislation. All guardianship decisions are made in the child's best interest, as well as considering the child's right to maintain contact with both parents.

Adoption

Austria is a signatory of the Hague Convention on the Protection of Children and Co-operation in Respect of Intercountry Adoption. This means that the adoption process for foreign nationals is governed by strict international standards. Foreigners from EU countries can adopt a child under the same rules as Austrian citizens. For citizens of third countries, the process may include additional requirements and permits.

- The minimum requirements for adoption include the adopter being at least 25 years old, as well as having no conflicting interests with the adopter's biological children. Adoption must be in the best interest of the child, and a close bond should be established between the child and the adopters.

- International adoption requires interaction with the central adoption authority in Austria. The process begins with submitting an application to the guardianship authorities and drawing up an adoption agreement, which must be approved by the court. Adoption becomes valid only after judicial confirmation.

Rights and Responsibilities

After adoption, all rights and obligations, including inheritance rights, transfer to the adopted children as if they were the biological children of the adopters. The adoption process includes consultations with guardianship authorities, as well as court hearings.

For foreign nationals wishing to adopt a child in Austria, it is important to consider both international and national norms, as well as prepare for possibly additional legal procedures depending on the country of citizenship.