Effects of a registered partnership

Advice

With its decision of 4 December 2017 (→ VfGH)German text, the Constitutional Court repealed the provisions which distinguished between opposite-sex and same-sex couples. This means that opposite-sex couples in Austria can also enter into a registered partnership. This has in principle been possible since 1 January 2019.

Names

In principle, both partners will keep their previous names.

However, the partners have the opportunity to choose their name in accordance with section 93 of the ABGB. One of the names can be designated as a shared surname. It is also possible to create a double-barrelled name from the names of both partners. In addition, a partner can place their name which is not the shared surname in front of or behind the shared surname using a hyphen.

Mutual rights and obligations

The registered partners are obliged to maintain a comprehensive partnership and a relationship of trust with one another. They must support one another and organise their partnership by mutual agreement with consideration for one another.

This also means living together, although it is possible to temporarily live apart if and for as long as living together is unreasonable or a separate residenceGerman text is justified for important personal reasons.

Second-parent adoption is also possible for registered partners. Further information on second-parent adoptionGerman text and the adoption rights of registered partnersGerman text can also be found at oesterreich.gv.at.

The registered partner of a parent who lives in a joint household with the parent and their minor child not merely on a temporary basis must do everything reasonable under the circumstances to protect the welfare of the child. The registered partner can also represent the parent in day-to-day matters of parental responsibility if required by the circumstances.

Costs of living together

Both registered partners must jointly contribute to funding their living conditions, each in accordance with their means. If one partner runs the joint household, this constitutes their contribution to meeting the essential needs and they are entitled to maintenanceGerman text from the other partner.

Other effects

In many cases, a registered partnership has the same effects as a marriage.

Further information on pensions, residence, inheritance, etc. can be found in the following sections:

Further links

Property consequences of registered partnerships – European e-Justice Portal(→ EC)

Legal basis

Translated by the European Commission
Last update: 25 January 2021
Responsible for the content:
  • Federal Ministry of the Interior
  • Federal Ministry of Justice