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Home > Austria > Marriage Law
Marriage Law Austria
Marriage Law
  1. Only civil marriage is legal for the wedding in Austria, although a religious ceremony may be followed after the legal wedding.
  2. Civil marriages are performed at the Registrar's Office (Standesamt). 
LEGAL AGE FOR MARRIAGE
Legal age for either sex is 18 for both males and females, but a marriage between an 18 year-old and a 16 year-old may be authorized by the court. 
REQUIRED DOCUMENTS
  1. Passport
  2. Birth Certificate (original or certified copy, citing names of parents)
  3. Certificate of residence (driver's license or latest tax slip)
  4. Marriage certificate of parents
  5. Proof of citizenship
  6. Proof of residence
  7. Proof of dissolution of previous marriages, if any such as final divorce or annulment decrees, previous marriage certificates or death certificate.
  8. In the case of a divorce, in which the woman's or the man's nationality are different or which took place outside of their home country, the permission of the Austrian Ministry of Justice is required, which will delay the procedure.
  9. An affidavit executed before a consular officer of the he or she is free to marry the other party according to the laws of his or her home state.
Documents (other than passports) not in German must be accompanied by certified translations made by an official translator.
 
PLACE OF MARRIAGE
  1. The venue for Civil marriage is Vital Statistics Office (Standesamt) in the appropriate jurisdiction.
  2. The marriage is performed at the Vital Statistics Office (Standesamt). If either party to the marriage is an Austrian citizen, or resides in Austria (regardless of citizenship), the application for marriage must be filed at the Standesamt in the locality of that residence.
  3. If both parties to the marriage are non-Austrians and non-residents, the application should be filed at the Standesamt of the first district of Vienna.
PROCEDURES
  1. Both marriage partners should apply in person at the appropriate Vital Statistics Office (Standesamt), bringing with them the required documents listed above.
  2. The Standesamt will forward the documents for approval of the marriage to the appropriate Superior Court (Oberlandesgericht).
  3. After payment of the court fees, the file is returned to the Standesamt, which then schedules the date of the wedding.
  4. The overall fees for the various procedures and services amount to approximately Euro 220 (=US $ 196 depending on the exchange rate).
  5. The address of that office is:
Standesamt Wien Innere Mariahilf
Schlesingerplatz 4 (2nd floor left)
1080 Vienna
Office hours: 8 a.m. - 3:15 p.m
  1. If someone wish not to apply in person, he/ she can wire the necessary amount to Bank Austria Wien (account number 696,200,104), Vordere Zollamtstrasse 13, 1030 Vienna, Austria.
  2. The ceremony itself takes approximately 15 minutes. In case one or both marriage partners do not speak German, they must engage the services of an official Austrian interpreter at their own expenses.
  3. It is required that both marriage partners should be present in Austria during the entire period necessary to arrange for the ceremony.
  4. If only one partner can be present in Austria, he/she may make the arrangements providing he/she obtains the authority from the other partner on a form called Erm├Ąchtigung.
  5. These forms (in German) are available from all Standesamt offices.
  6. If, for some unusual circumstances, neither partner can arrive well in advance of the ceremony, special arrangements can sometimes be made.
  7. The necessary information and forms may be obtained from the Standesamt Wien Innere Stadt-Mariahilf, Schlesingerplatz 4, 1082 Vienna, Austria.
  8. In such instances applicants will need to employ an agent in Vienna to process the application and pay the required fees.
  9. Applicants may select a personal friend for this service, or retain a lawyer.
TOTAL TIME REQUIRED
Although Austrian law does not require a period of residence in Austria prior to marriage, the administrative procedures involved usually require two to four weeks to complete.
VALIDITY OF AUSTRIAN MARRIAGES
Binding advice regarding the validity of an Austrian marriage in other country may be obtained from an attorney or a consulate office in the appropriate country/state.
FOREIGNERS WISHING TO MARRY IN AUSTRIA.
  1. The foreigner wishing to marry in Austria may have to submit all the documents as is required for the citizens of Austria.
  2. Non-Austrians not residing in Austria can, however, choose to marry in any other Austrian community. They will have to show a certificate of residence.
  3. All documents are to be in German, or be accompanied by a certified German translation.
  4. If either party is an Austrian citizen or resides in Austria (regardless of citizenship), the application for marriage must be lodged at the Standesamt in the locality of residence.
  5. If both parties to the marriage are non-Austrians and non-residents, the application should be lodged at the Standesamt in Vienna:
Standesamt Wien-Innere Stadt
Schlesingerplatz 4
1080 Vienna, Austria
  1. Foreign nationals who do not reside in Austria may choose to marry anywhere in Austria. Other Registrar's Offices in Austria can perform the marriage ceremony upon arrangement.
  2. The Apostille is a validation stamp ensuring that a certain document is recognized in certain foreign countries.
  3. Basically, a document is only valid in the country in which it was issued.
  4. In order to facilitate recognition of a document abroad, an international treaty regarding mutual recognition of documents was signed by many countries, including the U.S. and Austria.
  5. According to that treaty a document originating in one Convention country is recognized in all other Convention countries if it bears the so-called Apostille stamp, which is a validation performed by the superior office in the country and state (province) where it was issued.
  6. In cases where one or both countries are not part to the Hague convention, the old validation procedure involving the consulates is to be used.


 
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