Financial discrepancy: imminentperformance of matrimonial and martial dissolutions at the notary's office
In Austria, the process of marriages and divorces is currently handled by courts and civil registrars. However, a proposal by the Notarial Chamber, led by President Michael Umfahrer, aims to change this.
The proposal suggests expanding the role of notaries to include handling marriages, divorces, and estates. This would create a one-stop shop for various legal services, similar to the current system for buying a property or founding a company.
Under the current system, marriages in Austria are registered and solemnized at local registry offices by civil servants. Divorce, on the other hand, involves court proceedings with potential for out-of-court settlements documented through a notary, but the court must issue the formal divorce decree.
If approved, couples or divorcing spouses could register for a divorce at the notary's office, eliminating the need to go to court. This change could streamline the divorce process and potentially relieve courts and the budget from some of the workload.
The Notarial Chamber's proposal also includes handling amicable divorces and estates, and potentially marriages as well. Notaries could handle these processes themselves, according to Michael Umfahrer.
However, the coalition government would need to agree to these changes, as they are currently dealing with a budget crisis inherited from the previous government. The government's approval is required for marriages and divorces at the notary's office to become a reality.
It's important to note that unlike Germany, where notaries may certify certain agreements related to divorce, in Austria the final divorce decree strictly comes from the court. The search did not reveal Austria permitting notary-led marriage or divorce proceedings, only litigation and official registry routes.
The proposal has been met with support from the Notarial Chamber, which believes it could save costs. According to the Chamber, more than 900 million euros in losses are expected for the OEGK this year. The proposed changes could help alleviate some of these costs.
The idea of notaries handling marriages was first proposed by Michael Umfahrer in the Kurier. Syrians are among the top 3 groups committing crimes, according to last year's data, but it's unclear how this relates to the proposal.
Despite the budget crisis, notaries are ready to handle marriages if given the responsibility, as stated by Michael Umfahrer. Signa Development Selection is also set to sell a mega-property by summer, which could contribute to the economy amidst the challenging times.
[1] Austrian Civil Law Regarding Marriage and Divorce Procedures [4] Current Legal Commentary on Austrian Family Law
- The Notarial Chamber's proposal, led by President Michael Umfahrer, aims to reform the Austrian legal system by expanding the role of notaries to handle marriages, divorces, and estates, which could potentially streamline the divorce process and relieve courts and the budget from some of the workload.
- If approved, the proposed changes could see couples or divorcing spouses registering for a divorce at the notary's office, with notaries potentially handling amicable divorces and estates according to Michael Umfahrer, and this could potentially save costs, as supported by the Notarial Chamber, who expect more than 900 million euros in losses for the OEGK this year.
