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Marriage and registered partnership
marriage and registered partnership: What is the difference? What is right for me and what are the differences?
Engagement, in love, but not married?
It is said that it is bad luck to be engaged for too long. It is said that you should get married within a year of getting engaged. Many couples who get engaged do get married. Either within a year or later. But is it only bad luck not to get married (within a year), or can it legally become a problem? Some people also make financial advance payments in view of the supposedly imminent wedding. Down payments are made, rings or dresses are bought.
Residence permit: What if it is linked to marriage?
When people get divorced, it brings many challenges. Apart from the emotional or organisational consequences, such as reorganisation, finding a place to live and orientation, a divorce is also accompanied by legal challenges. However, for people who derive their right of residence in Austria through marriage, there may be issues other than family law. People who are in Austria as “family members” often have to think about whether it is even possible for them to remain in Austria after a divorce.
Long-term partnership: legal terms
The marital arrangements have to do with mutual responsibilities and also with money. These obligations do not automatically end with divorce and certainly not with separation. When people decide against marriage, the situation is different. The legislator does not want to impose the consequences of a contract on people who never wanted to enter into. In principle, this makes sense.
Sexual fidelity in a registered partnership?
Since 2019, same-sex couples can marry in Austria. Likewise, opposite-sex couples can establish a registered partnership. Again and again, heterosexual couples decide against marriage but in favour of a registered partnership. This is sometimes because it is assumed that the registered partnership is a “marriage light” – also with regard to fidelity.
The thing about marital duties and sexual fidelity
People who marry enter into a contract. The law says that two people live in an inseparable community and provide mutual assistance. Whoever breaks the contract or does not behave according to the regulations of the marriage law will be asked to pay in the worst case.
The matrimonial home and uninvited visitors
The marital home has a special status and is highly protected. This can become relevant not only in the case of divorce regarding the division. Per se, property is exempt from division in the case of divorce if it was brought into the marriage, inherited or donated by a third party. In the case of the marital home, this may (surprisingly for many) be different.