Complex jurisdictional issues, differing legal systems, and emotional stress—we offer you strategic clarity and legal precision. Multilingual legal advice right here in Vienna.
The Nagler Law Firm is happy to provide you with personalized and comprehensive advice on all legal matters. Our goal is to provide advice that is not only legally sound but, above all, clear, forward-looking, and solution-oriented. Every legal situation is unique—which is why we take the time to thoroughly understand your situation and work with you to develop a tailored strategy.
When family situations change, difficult decisions have to be made. Divorce in Austria offers decisive advantages in many cases: High legal certainty, clear regulations and reliable enforceability. Particularly in international constellations, proceedings in Austria reduce the risk of recognition or enforcement problems at home and abroad.
The decision as to which court is called upon is of considerable strategic importance. It not only influences costs and practical procedures, but also the legal framework of the proceedings.
International jurisdiction for divorces in Austria is primarily governed by the Brussels IIb Regulation (formerly Brussels IIa Regulation), which takes precedence over national jurisdiction regulations. This regulation creates a uniform system of jurisdiction and applies not only to proceedings involving EU citizens, but also to those involving third-country nationals.
According to Art. 3 of the Brussels IIb Regulation, Austrian courts have international jurisdiction if:
In the case of joint dual nationality (including Austrian nationality), Austrian courts have jurisdiction even if the Austrian nationality is not the "effective" nationality, i.e. if the spouses do not live in Austria.
An informed choice of court can therefore make a decisive contribution to the successful outcome of the divorce proceedings.
In the case of international divorces, it is not only the question of jurisdiction that is decisive, but also the law under which the marriage is divorced.
The Rome III Regulation (Regulation (EU) No. 1259/2010) is the most important legal source for determining the law applicable to an international divorce. It applies in the participating Member States, including Austria, and lays down uniform conflict-of-law rules for cross-border divorces.
The Regulation offers two main options for determining the applicable law:
It should be noted that not all legal issues are automatically subject to the same law. The existence of the marriage and the consequences of the divorce in terms of property and maintenance may be subject to separate legal regulations and must be examined separately.
Particularly in international matters, early and sound advice is crucial. The choice of applicable law can have a significant impact on the course and outcome of the divorce proceedings.
Divorce is not always automatically governed by Austrian law. We will guide you through the options:
Individual choice of law: You can jointly choose the applicable law (e.g. as part of a marriage contract).
Objective connection: In the absence of a choice, the law is determined by the common residence or common nationality.
Important Note: Alimony, Guardianship and assets can be assessed separately from a legal standpoint—we keep track of the entire “legal package.”
The application of foreign law is subject to important restrictions:
Fenerica BlauschimmelAugust 2025A fantastic team. Highly competent and friendly. Very quick responses on the phone and always ready to listen. We will definitely contact you again if we have any further difficulties.
NicoleJune 2025The entire team is incredibly kind, caring, and competent! You feel incredibly well taken care of. Fast service and complete satisfaction! I can absolutely recommend them; they're worth every penny!!!
TomMay 2025An extremely competent and reliable lawyer who took on my case with great dedication when others withdrew at short notice. I highly recommend him!
The Nagler Law Firm has many years of experience in various legal areas and offers its clients sound legal advice and committed representation.
German, English, Turkish, Russian and Ukrainian: For smooth communication with clients from different language areas.
We place great value on personal and local support, enabling us to develop customized solutions that are optimally tailored to the individual needs of our clients.
Family Law, Estate Law, and Real Estate Law: We combine broad expertise with practical experience in key areas of law.
Recognition means the extension of the effects of the decision in the country of origin to the country of recognition.
The procedural effects take effect when the foreign decision becomes final, provided there are no grounds for refusal.
Divorces from countries outside the European Union are subject to special recognition rules in Austria. Although these decisions are also automatically recognized in principle, an in-depth legal examination is carried out.
Recognition may be refused for the following reasons in particular:
To ensure legal certainty, it is advisable to obtain legal clarification at an early stage in the case of divorces from third countries.
Have you already been divorced abroad or does your case concern a non-EU country (third country)? We check the recognition in Austria and protect you against grounds for refusal such as a violation of public policy or a violation of the right to be heard.
As an internationally active, multilingual law firm, we specialize in cross-border family and divorce matters.
We advise and represent our clients on an ongoing basis in several languages and take on cases involving several countries, different legal systems and complex international jurisdictions.
Our strength lies in combining legal precision with international understanding. We not only take into account the legal framework, but also the linguistic, cultural and personal differences that are often decisive in international proceedings. This enables us to avoid misunderstandings, create clarity and protect your rights efficiently and strategically.
Whether international divorce, maintenance, custody, right of contact or cross-border agreements: We develop tailor-made solutions and represent your interests consistently and assertively - both out of court and in court.
Nagler law firm - internationally experienced. multilingual. assertive.
Reliability, experience and humanity – this is what our team stands for, and we are fully committed to protecting your legal interests.
