The costs of an amicable divorce are not limited to one payment to the court. You should separate court fees, your own lawyer’s fees and expenses that may result from the settlement agreement or its implementation.
For the joint divorce application, oesterreich.gv.at currently lists EUR 406 for both spouses together. The necessary settlement at the hearing adds EUR 406. If the agreement also transfers immovable property or creates a registrable right, the authority lists a flat fee of EUR 609. Fees may change.
This article shows which items to list separately before your consultation. It does not replace a case-specific review of the agreement, the assets or the current fee position.
Which item needs the closest review now?
Identify whether the main issue is court fees, legal fees or the consequences of the agreement.
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Which cost point remains unclear?
Choose the answer closest to your situation. This is a first orientation, not individual advice.
Overview of all answers.
Separate court fees for the application and settlement
List the fee for the joint divorce application separately from the additional fee for the necessary settlement. Also check whether the agreement concerns immovable property or a registrable right.
Define legal fees and the review steps
Record which documents will be reviewed, whether both spouses want advice and which work is covered by the agreed fee. Discuss additional drafts or implementation questions in advance.
Review the agreement and implementation as a cost chain
List the steps that may be required after signing in addition to the divorce itself. Depending on the content, this may include implementation with a bank, the land register or insurers, as well as a separate review of maintenance, children and assets.
Court fees for the joint divorce application
An amicable divorce involves court fees for the joint application and for the necessary settlement at the hearing. The amounts currently listed on oesterreich.gv.at should be recorded as separate items: EUR 406 for the joint application and an additional EUR 406 for the necessary settlement.
If the agreement also transfers ownership of immovable property or creates another registrable right, the authority lists a flat fee of EUR 609. Whether this special situation applies depends on the exact wording and subject matter of the agreement.
Legal fees and the actual review scope
Your own lawyer’s fees must be kept separate from court fees. The relevant question is not only whether an application is prepared, but which documents, agreement points and revision rounds are actually reviewed.
Before the consultation, clarify whether the fee covers only legal review, the drafting or revision of the agreement and, where relevant, attendance at the hearing. If both spouses want separate advice, that should also be addressed clearly.
Do not hide housing, assets and debts in one flat amount
An agreement may cover the marital home, accounts, loans, vehicles, household items or real estate in addition to the divorce. These are not merely attachments: their value, ownership and intended implementation may require additional review and contact with other institutions.
For real estate, clarify whether ownership is to be transferred or a registrable right created. For a loan, the relationship with the bank must also be distinguished from the spouses’ internal agreement about who should bear the payment.
Include children, maintenance and consultation costs
If minor children are involved, the agreement must also address the specific questions of maintenance and care. The legal review does not depend only on the desired allocation of costs, but on the actual family situation.
Depending on the case, costs for parent counselling, mediation, translations, valuations or obtaining documents may also arise. They are not automatically owed. Include them only if they are actually required for the specific process.
Estimate follow-up costs and organise the documents
After the divorce, implementation steps may create costs, for example with a bank, the land register, insurers or other contractual partners. Whether and to what extent such costs arise depends on the agreement and the relevant contract.
For the review, start with the divorce application, the draft agreement, earlier agreements, bank and loan records, land register or tenancy documents and a list of open questions. This allows court fees, legal fees and possible follow-up costs to be discussed separately.
Which item belongs in which review?
Court fees, legal fees and implementation work should not merge into one unclear total.
| Item | What to clarify | Useful documents |
|---|---|---|
| Court | Joint application and necessary settlement | Which flat fees apply under the current position |
| Legal fees | Review, drafting, revisions and hearing attendance | Assignment, draft agreement and desired scope of work |
| Implementation | Banks, land register, insurers and other contractual partners | Loan, ownership, tenancy and insurance records |
This overview is general information. The current fee position and the specific assignment remain decisive.
Four steps to a reliable cost overview
A separate list prevents court fees, legal fees and implementation costs from being confused.
Collect the agreement
Bring the draft, earlier arrangements and all open points together in one version.
Separate the fees
Record the application fee, necessary settlement fee and any real-estate case separately.
Clarify legal fees
Discuss review scope, drafting, revisions and appointments with the lawyer.
Review implementation
Include banks, land register, insurers and other follow-up steps only where they may actually arise.
Practical tip: Keep three lists: court fees, legal fees and possible implementation costs. For each item, note its basis and the document supporting it.
Realistically assessing the costs of an amicable divorce
Which court fees apply to an amicable divorce?
Separate flat fees apply to the joint divorce application and the necessary settlement. The currently listed amounts are EUR 406 for the joint application and an additional EUR 406 for the necessary settlement. For a transfer of immovable property or creation of a registrable right, the authority lists EUR 609. Check the current fee position before filing.
Are the costs automatically divided equally between the spouses?
The spouses are generally jointly liable to the court for the court fees. Internally, they may agree on another allocation. According to the authority’s information, each party bears the legal fees of the lawyer it instructs.
What additional costs can an agreement cause?
Depending on its content, implementation may create further costs with a bank, the land register, insurers, valuers, translators or authorities. The key question is whether the particular step is actually required in the case.
What should be ready before the legal review?
Prepare the draft agreement, the divorce application, documents on housing, assets, loans and insurance, and a short list of open questions. This makes it possible to discuss fees, review scope and possible follow-up costs separately.
Useful next topics
Amicable divorce
Review the requirements and agreement points for a joint divorce application.
Reviewing a divorce settlement
Consider maintenance, assets, debts, housing and children before signing.
Prepare your consultation
Briefly describe the situation. We assess your position confidentially and in a structured way.