Marriage and Divorce

A. Marriage

Marrying abroad can lead to unexpected legal consequences. If a female Austrian citizen does NOT submit a "family name declaration" (namensrechtliche Erklärung) either before actually marrying or during the wedding ceremony, she automatically gives up her last name and adopts that of her husband (Sec. 93 of the Austrian Civil Code). In addition, children born in wedlock to this couple will automatically adopt the father's family name.

If the wife would like keep her maiden name, please follow the following instructions:

1) Both partners must submit a "legal statement of name" before leaving Austria, if

a) the husband adopts the wife's family name,
b)one of the spouses wishes to carry both their own as well as their partner's last name (hyphenated, either name can be placed first; e.g. husband: Müller; wife: Huber; if the wife wants to combine both names [be aware that your decision is legally binding], she can call herself Müller-Huber or Huber-Müller; her husband will keep his family name Müller; the couple's children will also be named Müller) or
c) both spouses keep their own family names. If you choose to keep your own last names, you must decide which last name shall be used for your children (the children may carry either the wife's or the husband's last name, but not both).
The "family name declaration" is then to be sent to the Standesamt (Vital Statistics Office) in the First District of Vienna, together with the original marriage certificate (with an apostille affixed). The Standesamt will issue you an official document regarding your chosen last name(s).

2) If both spouses are already in New York, they can submit their "family name declaration" to the Embassy before actually marrying.

In addition, you may ask the individual performing the wedding ceremony to clearly state the family names you both would like to adopt after the marriage on your marriage certificate. Please be aware that the regulations and rules as outlined above must be followed (e.g. a hyphenated name for BOTH spouses will not be accepted by Austrian officials due to a lack of legal provisions).
In general, the family names as stated on the marriage certificate (as long as they do not conflict with Austrian law) will be accepted and confirmed by the Standesamt Vienna-First District.

B. Divorce

In principle, the divorce of Austrian citizens issued by a US court will be accepted by the Austrian authorities without any further complications.

In general, divorced former spouses keep the family names they had during their marriage. If, in the course of the divorce, you decide to change your name back to your former last name, please make sure that your intention to adopt a former family name is stated in the divorce decree issued by the US court. In addition, you must declare before an Austrian official at a Vital Statistics Office (Standesamt) that you wish to adopt a former familiy name.

The following documents must be submitted: citizenship papers, marriage certificate(s) of previous marriage(s), divorce decree of last marriage, birth certificate, birth certificate(s) of children born in wedlock.

The application must be filed with the Austrian Consulate General and then forwarded to Austria. Fees amount to between €60.00 and €80.00.

Please note: A family name adopted in the course of a former marriage can be re-taken if and only if children were born in wedlock during the marriage (Example: Mrs. Müller, née Huber, married to Mr. Maier in her first marriage, can re-take the family name Maier after a divorce from Mr. Müller if and only if the Maiers had children. If Mr. and Mrs. Maier had no children together, she can only change her name back to her maiden name Huber).

Embassy of Austria
Consular Section
3524 International Court, NW
Washington, D.C., 20008

Consulate Office Hours:
Monday through Friday,10.30 a.m. to 1 p.m.
(except on Austrian and U.S. holidays )

E-mail: consularsection[at]austria.org