The decision has been made: the relationship is over. But that is where the real work begins. Who stays in the flat? How often will the children see mum and dad? Who pays for what? And how do you talk about all this when even saying “good morning” is hard?
Many couples find that every conversation escalates at this stage. Going through lawyers and the courts then looks like the only option. But there is an alternative that is anchored in Austrian law and funded by the state: mediation in separation and divorce. This article shows how it works, what can be settled and who it is suitable for.
Key points at a glance
- Divorce mediation helps couples settle the consequences of separation fairly and on their own terms: children, maintenance, home and assets.
- For an uncontested divorce, Austrian law requires a written agreement on exactly these points (Section 55a Marriage Act).
- A mediation agreement can form the basis of this divorce agreement and be submitted to the court.
- Mediation does not replace legal advice. Having a lawyer review the outcome is advisable.
- The Austrian state funds family mediation in separation and divorce when it is carried out as co-mediation by listed mediators.
What an uncontested divorce requires in Austria
The uncontested divorce (einvernehmliche Scheidung) under Section 55a of the Marriage Act is the most common way to end a marriage in Austria. The requirements in brief:
- The couple has not lived together as a married couple for at least six months.
- Both spouses accept that the marriage has irretrievably broken down and want the divorce.
- The spouses conclude a written agreement on the care and custody of the children, contact with the children, child maintenance, maintenance between the spouses and their property claims.
If the parents have minor children, they must also prove that they have received counselling on their children’s needs after the divorce (parental counselling under Section 95 (1a) Non-Contentious Proceedings Act).
This agreement is often the hardest part. This is where mediation can help.
What can be settled in divorce mediation
Children: care, contact and everyday life
Which parent will the children mainly live with? What will weekends, holidays and public holidays look like? Who goes to parents’ evenings? In mediation, the children’s needs are the focus. It is not about who “wins”, but how children can grow up well with both parents.
Maintenance
Child maintenance and, where relevant, spousal maintenance can be discussed and agreed in mediation. Clarify the legal basis and guideline amounts alongside with a lawyer so that your decision is well informed.
Home and assets
Who stays in the marital home? How are savings, the car or joint loans divided? This is exactly where it helps to talk about interests rather than positions: someone who “absolutely” wants to keep the house is often mainly looking for stability for the children.
Communication afterwards
A marriage ends; parenthood does not. Many couples also use mediation to agree on rules for their future communication: how do we discuss changes? What do we do if we disagree?
How separation mediation works
The process follows the five phases of mediation. Separation and divorce add a few specifics:
- Initial meeting: Both partners get to know the mediator and check whether mediation is right for them.
- Stocktaking: Which issues need to be settled? What information is missing, such as proof of income or loan agreements?
- Clarifying interests: What matters to each of you, for yourselves and for the children?
- Developing options: Different models are explored, for example different care arrangements.
- Agreement: The settlement is recorded in writing and, after legal review, can feed into the divorce agreement.
Depending on complexity, three to eight sessions are common.
Advantages over divorce proceedings
- Self-determined: You make the decisions, not a court.
- Child-focused: Children experience less conflict and keep both parents.
- Confidential: Personal matters stay in a protected setting.
- More affordable: Usually much cheaper than a contested divorce with two lawyers and several instances.
- Lasting: Experience shows that solutions people develop themselves are more likely to be kept.
Funded family mediation in Austria
The Austrian Federal Chancellery funds mediation in separation and divorce. It requires co-mediation by a team of two mediators: one with a psychosocial and one with a legal professional background. Both must be on the Federal Chancellery’s list. The hourly rate is 220 euros per mediation team; depending on family income and the number of children, couples only pay a personal contribution. Information and the list are available on the Federal Chancellery’s website (see sources).
When separation mediation is not suitable
Where there is violence in the relationship, acute danger or massive pressure on one party, mediation is not the right path. Protection and legal support come first. Mediation also cannot work if one partner does not take part voluntarily.
Couples counselling or mediation?
If the separation has not yet been decided, couples counselling is often the better first step. It helps you gain clarity: do we want to work on the relationship or separate well? Once the decision has been made, mediation helps to shape the separation fairly.
Questions for self-reflection
- What do our children need most from both of us right now?
- Which solution would I still consider fair in five years?
- Where am I fighting about the issue – and where about something that was hurt in the relationship?
Frequently asked questions
Does mediation replace going to court?
No. An uncontested divorce is still filed with the court. However, the settlement reached in mediation can form the basis of the written divorce agreement.
Do we still need a lawyer?
Legal advice alongside mediation is highly recommended, especially on maintenance, assets and pensions. Mediation and legal advice complement each other.
Does mediation replace the mandatory parental counselling?
Not automatically. The parental counselling under Section 95 (1a) Non-Contentious Proceedings Act must be certified by a suitable person or institution. Check in advance which providers are recognised.
Can we do the mediation in English?
Yes. I offer mediation in English, especially for binational couples and expats in Vienna.
Resolving it together
If you want to shape your separation fairly and with your children in mind, I am happy to support you. You will find more about my services on the page Mediation in Vienna, or write to me via the contact form.
