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, Poland, Romania, Slovakia.
Applicable law in Austria
Under Austrian law, 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.
National Laws in Other EU Member States
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)German text.
EU Regulations on Matrimonial and Registered Partnership Property Regimes
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).
Regulations (EU) No 2016/1103 and 2016/1104 apply in Austria, Germany, France, Italy, Spain, Sweden, the Netherlands, and 11 other EU Member States. Other EU countries continue to apply their respective national provisions.
Further links
- registered partnerships in Austria
- Registered partnerships (→ Your Europe)
- Registered and non-registered partnerships (→ Couples in Europe)
- Matrimonial property regime for international couples (→ Your Europe)
Legal basis
Responsible for the content: Federal Ministry of Justice