A contested divorce hearing may, under certain conditions, take place by audio and video transmission. It is not enough, however, that one party lives far away or that a video call would be technically possible.
Section 460 no. 1a of the Austrian Code of Civil Procedure requires a party joining a hearing scheduled under section 132a ZPO by audio and video transmission to be represented by a lawyer. The court must also schedule or order the hearing in that form under section 132a ZPO.
Anyone who receives a summons to appear in person should therefore not simply stay away. The decisive points are what the court has scheduled, whether the online form has merely been suggested or has already been ordered, and whether legal representation has been arranged in time.
Online divorce hearing: which next step fits?
This short check distinguishes the summons, the hearing format and legal representation.
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What does the current court communication say?
Choose the answer closest to your current summons or previous communication with the court.
Overview of all answers.
Take the personal summons seriously
Treat the personal summons as the applicable basis. Joining by video requires a hearing under section 132a ZPO. Ask the court for a clear decision before departing from personal attendance.
Clarify the court’s hearing format
Arrange the summons and correspondence by date. Clarify whether the court has scheduled a personal hearing or a hearing under section 132a ZPO. Only then can participation by video be assessed reliably.
Prepare the online hearing in an orderly way
If section 132a ZPO has been scheduled and legal representation is in place, prepare the court’s technical instructions, availability and complete file. The online format does not replace substantive preparation for the divorce proceedings.
Clarify legal representation first
For a party joining by audio and video transmission, section 460 no. 1a ZPO requires representation by a lawyer. Clarify the representation first and then have the requirements of section 132a ZPO reviewed.
What section 460 ZPO requires for online attendance
Section 460 no. 1a ZPO contains a special rule for matrimonial matters. A party may join a hearing scheduled under section 132a ZPO by suitable audio and video transmission only if represented by a lawyer.
The rule therefore has two parts. The hearing must first be scheduled in the form provided by section 132a ZPO. The party joining remotely must also be represented by a lawyer. Technical availability or a wish to use a video call does not replace either requirement.
Section 132a ZPO also describes when the court may hold a hearing without personal attendance. The relevant points are procedural economy, suitable technical conditions and the absence of an objection within a reasonable period set by the court or the parties’ express consent. The parties may only suggest this procedure to the court.
Personal hearing or hearing under section 132a ZPO?
The court’s scheduling determines which form of attendance can be prepared.
| Personal hearing | Hearing under section 132a ZPO | |
|---|---|---|
| Attendance | The party is expected to appear in person unless important reasons speak against it. | The hearing may take place without personal attendance using suitable audio and video transmission. |
| Role of the court | A personal summons cannot be replaced by a private video connection. | The court decides whether the statutory requirements for this form of hearing are met. |
| Special requirement | A personal summons does not by itself answer whether a later change is possible. | The party must be represented by a lawyer to join by audio and video transmission. |
This table reflects the statutory structure. The wording of the court’s summons remains decisive for the individual appointment.
Why personal attendance remains the starting point
Under section 460 no. 1 ZPO, the court should ask the parties in matrimonial matters to appear in person unless important reasons speak against it. Personal attendance is therefore the statutory starting point in contested divorce proceedings.
This explains why a long distance, work obligations or an available camera do not automatically create a right to join online. Whether an important reason exists and what response is appropriate depends on the circumstances and the court’s decision.
Matrimonial proceedings are not public under section 460 no. 3 ZPO. A technical hearing therefore remains within a judicial and non-public procedural setting. It is not a freely chosen substitute for the appointment and not a public video conference.
What you can specifically suggest to the court
The parties may suggest a hearing under section 132a ZPO to the court. The suggestion should identify the appointment, case reference and reason why participation without personal attendance would be useful. It should also be clear whether a lawyer is already involved for representation.
A suggestion is not an order. The court reviews procedural economy, technical conditions and the position of the other participants. The party should therefore await the court’s response and continue to treat a personal summons as applicable until the position is clarified.
For legal review, the summons, previous correspondence and information about the hearing format are particularly important. The clearer these documents are, the more reliably the next step can be assessed.
What to do when the summons requires personal attendance
If the summons calls for personal attendance, the party should not simply assume that online participation is acceptable. A request or suggestion to change the hearing format must be reviewed by the court. A private video connection does not create that judicial basis.
Section 460 no. 1 ZPO provides that personal attendance may, where necessary, be enforced under section 87 of the Court Organisation Act. This makes the summons practically important. Staying away because a video conference seems sufficient can therefore misjudge the procedural position.
The safe order is: secure the summons, check the hearing format, clarify legal representation, suggest the online form to the court and await the court’s decision. If the appointment is close, the review should take place particularly quickly.
How to assess technology, consent and preparation
Section 132a ZPO requires suitable technical conditions so that the hearing can be conducted in accordance with procedural rules. The court’s instructions determine the technical solution and access details. The party does not choose the format alone.
The provision also takes the parties’ position into account. The court may set a reasonable period for an objection or obtain the parties’ express consent. Silence outside such a court-set period is therefore not a general permission for private video participation.
For preparation, keep the summons, relevant submissions, evidence and a short list of open questions complete and accessible. Technical participation must fit the course of the divorce proceedings. It does not replace legal advice or preparation for the substance of the hearing.
From the summons to a clarified form of attendance
This order prevents a desired video connection from being confused with a court order.
Read the summons
Secure the appointment, case reference and expressly stated form of attendance.
Clarify representation
Check whether the party is represented by a lawyer in the matrimonial proceedings.
Suggest the online form
Suggest a hearing under section 132a ZPO to the court and explain the concrete reasons.
Await the court’s response
Treat the personal summons differently only after the court has clarified the hearing format.
Important: A party should not simply stay away from a personal summons because a video conference seems sufficient. Online participation requires a hearing under section 132a ZPO and, for the party, representation by a lawyer.
Cross-border cases raise additional questions
Anyone joining an Austrian divorce proceeding from abroad may also face questions about service, assets, choice of law or foreign documents. Those questions do not change the requirements of sections 460 no. 1a and 132a ZPO, but they can significantly affect preparation for the proceedings.
For cross-border asset issues, it may be useful to organise records of accounts, property and other assets. A detailed article covers foreign assets in divorce. The overview of international divorce brings together further orientation on jurisdiction, applicable law and cross-border elements.
Online attendance therefore answers only the question of presence at a specific hearing. It does not automatically decide jurisdiction, applicable law or the treatment of cross-border consequences of the divorce.
Questions about online attendance in contested divorce proceedings
Can I join a contested divorce hearing online without a lawyer?
For a party using audio and video transmission at a hearing scheduled under section 132a ZPO, section 460 no. 1a ZPO requires representation by a lawyer. The court must also have provided for this form of hearing.
Can I demand that the court allow video attendance?
The parties may suggest a hearing under section 132a ZPO to the court. The court decides by reference to the statutory requirements, including procedural economy, technical conditions and consent or the absence of an objection within a period set by the court.
What applies if I have already been summoned to appear in person?
The personal summons remains applicable until the court has clarified another hearing format. Anyone wishing to join online should suggest the change to the court and should not ignore the summons on their own initiative.