Legislation in Austria provides for 3 types of divorce:
- with a finding of guilt;
- due to the permanent breakdown of marital life (when the spouses have not been living together de facto for 6 years);
- by mutual consent of the parties.
Divorce by mutual consent requires the spouses to agree on the division of property, custody of common children and mutual alimony. This is a very popular form in this country, as 41% of marriages are divorced this way. It is adjudicated by the district court in the form of a resolution, while divorces with a finding of fault are carried out in civil and adversarial proceedings, which end with a court judgment.
Alimony is easy to calculate because it is a percentage of the obligated spouse’s income. In the case of alimony for a divorced spouse, it should only take into account the spouse’s necessary needs.
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