Marriage In Austria: Navigating Complexities For Foreigners

Getting married in Austria can be a simple process, but it does require some time and thorough preparation. The country doesn't place too many requirements on couples looking to tie the knot, which makes it easier for expat couples in long-distance relationships to marry and live in Austria. However, the only legal wedding in the country is a civil ceremony, which must be conducted in German. This means that non-German speakers will need to hire an interpreter.

Legal age to marry in Austria

In Austria, the legal age to marry is 18 for both men and women. However, 16 and 17-year-olds may also marry with written, notarised consent from both parents and if their future spouse is at least 18 years old. In this case, the court must declare the 16 or 17-year-old to be marriageable if the future spouse is already of legal age and the minor appears to be mature enough for marriage.

In Austria, marriage is only possible if both parties are considered to be of legal age and capable of making decisions. A person is considered capable of making decisions if they can understand the meaning and consequences of their actions in context, determine their intentions, and act accordingly.

Required documents for marriage

The process of getting married in Austria can be complex and requires time and thorough preparation. Here is a list of the required documents for marriage in Austria:

• Birth Certificate: You will need to present an original or certified copy of your birth certificate, citing the names of your parents. If your birth was not registered or certified in Austria, you may need a document corresponding to a copy of the register of births.
• Proof of Identity/Photo ID: This can include a valid passport, identity card, or driver's license.
• Residence Registration Form ("Meldezettel"): This is issued by the Austrian authorities upon your arrival in the country, unless you are staying in temporary accommodation like a hotel or youth hostel. For US citizens, a US driver's license or latest tax slip can serve as proof of residence.
• Proof of Marital Status: If you have been previously married, you will need to provide documentary proof of the dissolution of your previous marriage(s). This can include final divorce or annulment decrees, marriage certificates from former marriages, or a death certificate(s) of your previous spouse(s).
• Marriage/Partnership Affidavit/Certificate of No Impediment: This document is executed before a Consular Officer of the US Consulate in Vienna, where the US applicant states that they are free to marry according to the laws of their home state in the US.
• Notarized Parental Consent: If you are under 18 years of age, you must provide written, notarized consent from both parents, and your future spouse must be at least 18 years old.
• Translations and Apostilles: All documents (except passports and driver's licenses) that are not in German must be accompanied by certified translations made by an official translator. Additionally, certain documents, such as birth certificates, may need to be certified and have an apostille affixed.

Please note that these requirements may vary slightly for foreign citizens or residents, and it is recommended to consult the Austrian Registrar's Office ("Standesamt") for binding information regarding marriage requirements.

Civil marriages

Registration

To get married in Austria, you must register with a registry office for a procedure to certify marriageability. This involves an oral interview with both partners, where the registry office determines the marriageability of the future spouses with the help of the presented documents.

Documents

The following documents are required for the registration:

• Birth certificate (original or certified copy)
• Driver's license or another document that shows the address of residence
• Residence registration form ("Meldezettel") issued by the Austrian authorities after arrival, unless the applicants are staying in a hotel, youth hostel, etc.
• Documentary proof of dissolution of previous marriages, if any (e.g. final divorce or annulment decrees, marriage certificate from former marriages, or death certificate)
• Marriage/partnership affidavit/certificate of no impediment executed before a consular officer of the U.S. Consulate in Vienna
• Notarized parental consent, if required
• Documents not in German must be accompanied by certified translations made by an official translator

Place of Marriage

If either party to the marriage is an Austrian citizen or resides in Austria, the application for marriage must be filed at the Standesamt in the locality of that residence. If both parties to the marriage are neither Austrian citizens nor residents, the application must be filed at the Standesamt for the First District of Vienna.

Timing

Registration to get married should be carried out six months before the desired date of the marriage ceremony, as the certification of marriageability is only valid for a maximum of six months. The administrative procedures involved usually require two to four weeks to complete.

Fees

The overall fees for the various procedures and services can reach up to approximately 300 euros. There is a 50 euro fee for the procedure to determine marriageability. Additional services, such as music, may incur extra costs.

Residency requirements

Austria does not require a minimum residency period for people who want to get married in the country. However, both parties must be physically present in Austria during the entire period necessary to arrange the ceremony. If only one partner can be present, they must obtain authority from the other partner on a form called "Ermächtigung", which is available from all Standesamt offices.

If you do not have a place of residence in Austria, you can still get married there. In Vienna, the department for tourist weddings must be contacted via email. The city of Salzburg also offers a special service for bridal couples from other countries.

To get married in Austria, you will need to apply to the local Vital Statistics Office ("Standesamt") or registrar's office. If either party is an Austrian citizen or resides in Austria, the application for marriage must be filed at the Standesamt in the locality of that residence. If neither party is an Austrian citizen or resident, the application must be filed at the Standesamt for the First District of Vienna.

Same-sex marriage

Registration

Same-sex couples must register with a registry office for a procedure to certify marriageability. As part of this procedure, a written record is prepared by the authority. The couple can declare their intended name after marriage to the registrar. The registration must be carried out six months before the desired date of the marriage ceremony, as the certification of marriageability is only valid for a maximum of six months.

Documents

The following documents are required for marriage in Austria:

• Birth Certificate (original or certified copy)
• Driver's License or like document that shows address of residence
• Residence registration form ("Meldezettel") issued by Austrian authorities on arrival, unless applicants are staying in a hotel, youth hostel, etc.
• Documentary proof of dissolution of previous marriage(s), if any, e.g. final divorce or annulment decrees, death certificate(s) of previous spouse(s), and marriage certificate(s) of such previous marriage(s)
• Notarized parental consent, if required
• Documents (other than passports and driver's licenses) not in German must be accompanied by certified translations done by an official translator

Place of marriage

Only civil marriages are legal in Austria, although religious ceremonies may follow. Civil marriages are performed by officials of the Vital Statistics Office ("Standesamt") in the appropriate jurisdiction. The ceremony itself takes approximately 15 minutes. In the case of one or both marriage partners not speaking German, an official Austrian interpreter must be engaged at the couple's own expense.

Costs

The overall fees for the various procedures and services can reach up to approximately 300 euros.

Frequently asked questions