Registered partnerships in the EU

Acknowledgement

In Austria and several other EU Member States, registered partnerships are considered to be equivalent or comparable to marriages. Countries in which same-sex marriages are allowed generally also recognise same-sex registered partnerships entered into in other countries.

For example, someone who enters into a same-sex marriage in Austria will usually enjoy the same rights as registered partners in other EU Member States that do not permit same-sex marriage but have introduced a form of registered partnership.

Registered partnerships are currently not provided for in the national law of the following EU Member States: Bulgaria, Latvia, Lithuania, Poland, Romania, Slovakia.

Applicable law

Under Austrian law (IPRG), partners with cross-border connections are free to choose the applicable law. If they do not make a choice, the registered partnership is subject to the law of the country in which it took place.

Under Austria law, the dissolution of a registered partnership must be assessed in accordance with the law of the country

  • in which the registered partners have their common habitual residence at the time of the dissolution
  • in the absence of such, in accordance with the law of the country in which both partners previously had their last habitual residence, provided that it has been retained by one of the partners.

Information on the national rules of other countries in this regard (international private law) can be provided by the respective diplomatic representations in Austria (→ BMEIA)

On 29 January 2019, harmonised EU rules on the matrimonial property regimes in the case of international couples who are married or in a registered partnership came into force in several EU Member States (including Austria).

Further information on registered partnerships in AustriaGerman text can also be found at oesterreich.gv.at.

Further links

Legal basis

Sections 13, 27a to 27d of the IPR-Gesetz

Translated by the European Commission
last update: 5 August 2020

responsible for content: Federal Ministry of Justice

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