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Prerequisites

Documents required

• Necessary are:
  • a written application from one of the persons involved in the divorce proceedings
  • Proof of identity of the applicant (e.g. copy of identity card)
  • in case of representation: presentation of a written power of attorney and additionally a copy of the identity card of the authorized person
  • Indication of the file number of the divorce proceedings (if known)
  • Only the family court of the local court where the divorce proceedings took place has jurisdiction.

Please note

Legal advice is not available at the district court. Please contact the persons authorized to provide legal advice. These are lawyers or notaries.
The Public Legal Advice Service (ÖRA) offers low-cost legal advice for people with low incomes.

Deadlines

No

Procedure

• If you have lost your divorce decree or your divorce decree (divorce certificate), you can apply for a new certified copy or original from the local or family court where your divorce proceedings were conducted. Only this court keeps the so-called original copy, i.e. the original of your divorce certificate.
• You submit an informal, written application for the issue of a new certified copy or original of your divorce certificate, stating the file number of the divorce proceedings.
• The family court will examine your application and verify your identity.
• The family court will issue you a new certified copy or original of your divorce certificate.

Tip:
Before you apply to the court for a new copy, you can also try to get the divorce certificate of your divorced spouse or partner or your former lawyer, which is completely identical to your own divorce certificate. A copy of this divorce certificate can then be certified by a notary or an authority authorized to do so under state law, such as the Citizens' Registration Office. The certified copy is often sufficient in legal transactions. However, you have no right to the release of the divorce certificate.

Processing time

It is helpful if you know the file number or case number of your divorce case and can provide it to the court. This will make it easier for the court to search the archives. However, depending on the court's workload, it may take a certain amount of time. It is therefore not possible to give a general processing time.

Fees

For the production and provision of a certified copy or original of the divorce certificate, court costs of EUR 0.50 per page are generally incurred. If the application is made in writing, the fees are collected by the judicial treasury by means of a payment request.

Legal remedies

No one

Legal basis

• 
  

  Section 113 paragraph 1 sentence 2 of the Law on Proceedings in Family Matters (FamFG)
  



• 
  

  Matters of voluntary jurisdiction (FGG) in connection with Section 329 of the Code of Civil Procedure (ZPO)

• 
  

  Matters of voluntary jurisdiction (FGG) in connection with Section 317 of the Code of Civil Procedure (ZPO)



• 
  

  Matters of voluntary jurisdiction (FGG) in connection with Section 299 of the Code of Civil Procedure (ZPO)



• 
  

  § 730 Code of Civil Procedure (ZPO)
  



• 
  

  § 47 Notarization Act (BeurKG)
  



• 
  

  § 48 Notarization Act (BeurKG)
  



• 
  

  § 49 Notarization Act (BeurKG)