Divorce procedure transforms into a matter of public record or governmental handling.
Redrafted Article:
Divorce cases in Lower Austria don't always end with the exchange of rings. Take the saga of Franz F. and Eva H., whose legal drama lasted a decade and cost the Austrian taxpayer dearly.
Originally, in 2013, the divorced couple agreed that the 56-year-old man would pay his ex-wife €260 in alimony per month. However, circumstances changed, and the man claimed he was unable to continue making the payments. In 2014, he filed a lawsuit with the St. Pölten District Court, launching a legal journey that's still ongoing.
Lawyer Stefan Gloß said, "This situation has gone on for ten years and six months. The circumstances have changed several times, and we've seen many changes of judges. New expert opinions have been submitted, and new dates have been set. Probably another year will pass, and this situation isn't ideal."
Such delays aren't unique in Austria, with cases like the one against former Finance Minister Karl-Heinz Grasser, which stretched for nearly 15 years, the media often highlights.
Gloß saw a violation of the fundamental right to a fair trial within a "reasonable time" as stated by the European Convention on Human Rights. As a result, the European Court of Human Rights (ECtHR) demanded the Republic of Austria pay the plaintiff around €11,200 in damages.
Seemingly, this isn't an isolated case. With more than 1,400 judges raising alarms, a petition points to the critical shortage of personnel in Austrian courts. Approximately 15 percent of the 1,500 staff positions at District and Regional Courts are empty, resulting in increased workload, pressure, and worry that they won't meet the demand for a fair and swift procedure.
"The high workload, increasing pressure, and the concern that we can no longer meet the demand for a fair and swift procedure are real," emphasize Gernot Kanduth (Association of Austrian Judges) and Martin Ulrich (GOÖD).
Divorce proceedings in Austria often follow a fault-based or mutual consent framework, with courts determining child custody and asset division[2]. Although exact timelines aren't specified, Austria's conservative approach compared to other European countries could contribute to longer resolution times. This prolonged legal process can consume court resources, increase public costs, and strain individuals financially.
- The prolonged alimony dispute between Franz F. and Eva H. highlights the need for strengthening policy-and-legislation in the federal system to ensure fairness and efficiency in general-news matters like divorce cases.
- The ongoing legal battle between Franz F. and Eva H., which has reportedly lasted a decade, is a stark example of the detrimental impact of inadequate staffing in Austrian courts, as stated by more than 1,400 judges in a recent petition.
- The ECtHR's demand for Austria to pay €11,200 in damages to a plaintiff due to violations of the right to a fair trial within a reasonable time adds urgency to the politics surrounding the general-news issue of staff shortages in Austrian courts.
- In light of cases like Franz F.'s alimony payments, a general scrutiny of Austria's divorce policy might be beneficial to streamline proceedings and decrease public costs, as conservative approaches compared to other European countries seem to contribute to longer resolution times.
