Marrying An American In Austria: Legal Or Not?

Is it Legal to Marry an American in Austria?

Marriage laws vary from country to country, and individuals considering marriage in a foreign country must familiarise themselves with the local requirements. In Austria, US citizens may legally marry, but the process is complex and requires time and thorough preparation. This article will provide an overview of the legal requirements for Americans wishing to marry in Austria, including the necessary documents, procedures, and potential challenges.

Legal age for marriage: 18 for both sexes, 16 with parental consent and an adult spouse

Marrying in Austria requires careful planning and preparation. While it is possible for US citizens to marry in Austria, the process is complex and requires a good deal of paperwork.

The legal age for marriage in Austria is 18 for both sexes. However, it is possible for 16-year-olds to marry with the provision of written, notarised consent from both parents and if the other spouse is at least 18 years old. This consent must be presented to the court, which will then authorise the marriage.

In the case of minors, the legal guardian must give consent for the marriage to take place. It is also important to note that, in Austria, a person is considered capable of making decisions about marriage if they can understand the meaning and consequences of their actions in context, determine their intentions, and act accordingly.

To marry in Austria, both parties must apply in person at the Vital Statistics Office (Standesamt) and present the required documents. These include:

• Birth certificate (original or certified copy)
• Driver's license or similar, showing the address of residence
• Residence registration form ("Meldezettel"), issued by Austrian authorities, unless staying in a hotel, hostel, etc.
• Documentary proof of the dissolution of any previous marriages, including final divorce or annulment decrees, marriage certificates, and/or death certificates.
• Notarised parental consent, if required.
• Marriage/Partnership Affidavit/Certificate of No Impediment, executed before a Consular Officer of the U.S. Consulate.

Required documents: birth certificate, residence certificate, proof of previous marriage dissolution, etc

When preparing to marry in Austria, there are several documents that you will need to gather. The first is a birth certificate, which must be an original or certified copy and must include the names of your parents. You will also need a certificate of residence, which can be demonstrated by a driver's license or your latest tax slip. If you have been married before, you will need to provide documentary proof of the dissolution of the marriage, such as a final divorce decree, annulment decree, or death certificate. If you have had multiple previous marriages, you will need to provide proof of dissolution for each marriage. In the case of a divorce in which you or your former spouse have different nationalities or which took place outside of your home country, you will need to obtain permission from the Austrian Ministry of Justice, which will delay the procedure.

You will also need to provide a Marriage/Partnership Affidavit/Certificate of No Impediment, which can be obtained from the U.S. Consulate in Vienna. This document states that, according to the laws of your home state in the U.S., you are free to marry. If you are under the age of 18, you will need to provide notarized parental consent.

It is important to note that Austrian officials will require that U.S. documents be certified and have an apostille affixed. The apostille can be obtained from the Secretary or Deputy Secretary of State in the U.S. state where the original document was issued. If any of your documents (other than your passport) are not in German, you will need to provide certified translations made by an official translator.

Place of marriage: civil marriages are the only legal weddings in Austria

Civil marriages are the only legally recognised weddings in Austria. Civil marriages are performed by officials of the Vital Statistics Office ("Standesamt") in the appropriate jurisdiction. The ceremony takes place at the 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. If both parties to the marriage are neither Austrian nor residents, the application must be filed at the Standesamt for the First District of Vienna.

Both marriage partners should apply in person at the appropriate Vital Statistics Office, bringing with them the required documents. The Standesamt will forward the documents for approval of the marriage to the appropriate Superior Court. After payment of the court fees, the file is returned to the Standesamt, which then schedules the date of the wedding. The ceremony itself lasts 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 expense.

Time to complete the application process: two to four weeks

The time it takes to complete the application process for marriage in Austria is two to four weeks. This is the amount of time it usually takes to complete the administrative procedures involved.

The first step is to register with a registry office for a procedure to certify marriageability. This is a written record prepared by the authority. It is important to note that 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. There is no minimum interval between registration and the marriage ceremony, but in larger cities, expect an average waiting time of two to six weeks.

After registering, both marriage partners should apply in person at the appropriate Vital Statistics Office (Standesamt), bringing with them the required documents. These include:

• Birth certificate (original or certified copy)
• Driver's license or similar document that indicates their place of residence
• Residence registration forms issued by Austrian authorities
• Marriage certificate(s) from any previous marriages
• Divorce certificate or proof of annulment or declaration of invalidity of any previous marriages
• Death certificate(s) of any previous spouse(s)
• If either party has children, they will need to produce the children's birth certificates, proof of nationality, and proof of residence.

It is important to note that documents (other than passports and driver's licenses) not in German must be accompanied by certified translations made by an official translator.

Validity of Austrian marriages: generally recognised in the US but check with an attorney

Marrying in Austria is a relatively simple process for US citizens, and Austrian marriages are generally recognised in the US. However, it is always best to check with an attorney or official in the appropriate state to ensure the validity of your marriage.

Requirements for Marrying in Austria

US citizens wishing to marry in Austria must be aware of the following requirements:

• The legal age for marriage is 18 for both sexes. 16-year-olds may marry with written, notarised consent from both parents and if their spouse-to-be is at least 18 years old.
• Documents required include: birth certificate, driver's license or similar, residence registration form, and documentary proof of the dissolution of any previous marriages.
• Only civil marriages are legally recognised in Austria, though religious ceremonies may follow.
• The application for marriage must be filed at the Vital Statistics Office (Standesamt) in the locality of residence of either spouse (if one is an Austrian citizen or resident). If neither party is Austrian or a resident, the application must be filed at the Standesamt for the First District of Vienna.
• Both marriage partners must apply in person at the Standesamt, bringing the required documents.
• An Austrian interpreter must be present at the marriage ceremony if one or both partners do not speak German.
• An apostille must be affixed to your Austrian marriage certificate for it to be accepted by US authorities.

The Procedure

While the process of marrying in Austria is straightforward, it does require time and preparation. The administrative procedures usually take two to four weeks to complete, and both partners should be present in Austria during this time. The marriageability of the couple is determined through an oral interview and the presented documents. A certification of marriageability is then prepared, and there is no minimum interval between registration and the marriage ceremony. However, in larger cities, expect an average waiting time of two to six weeks.

Validity of Austrian Marriages in the US

Austrian marriages are generally recognised in the US. However, it is important to note that Mexican divorces are usually not recognised in Austria, and the same may apply to other countries. To be certain, it is best to seek advice from an attorney or official in the appropriate state.

Frequently asked questions