Marriage & Divorce
A marriage often begins with a big exclamation mark: Yes, I do! And sometimes it ends with an equally big question mark: What will happen to the home we bought together? Who will take care of our children in the future? And how will we divide the assets we have built up together?
Whether it's marriage, separation or divorce: hardly any other area of law is as personal, emotional and consequential in all its facets as family law. That is why we support you in the run-up to your marriage by providing comprehensive advice and drawing up a prenuptial agreement. This gives you the opportunity to clarify certain consequences of a divorce in advance – because when you are in love, fair solutions are much more likely than in the heat of a separation. Our goal is to have a fair plan in place for the worst-case scenario – a scenario that will hopefully never occur.
Should a separation or divorce occur, we will advise and represent you comprehensively: In the case of a divorce by mutual consent, which statistically is by far the most common – and almost always the quickest and cheapest – way to dissolve a marriage, but also in the case of comprehensive legal disputes, where the focus is on who is to blame for the breakdown of the marriage. Our goal is clear: to quickly provide clarity, reduce emotional stress and find fair, sustainable solutions.
Financial support
Both during a marriage and after its dissolution, one (former) spouse may owe maintenance to the other. Whether this is the case, and if so, how the amount of maintenance is calculated, depends on numerous parameters, which we will clarify together with you. We will then assert maintenance claims on your behalf or defend you against unjustified maintenance claims. The aim is to find fair and sustainable solutions that reflect the reality of life for all parties involved.
Most of us are aware that parents owe their children maintenance until they are able to support themselves. This issue typically only becomes problematic in the event of parental separation, for example because the children are mainly cared for by one of the parents or because the two parents have different financial capacities. In these cases, it is important to ensure that both parents do their utmost to provide for their children in a fair manner, whether personally and in practice or through financial contributions. Because in the end, one thing counts: children should be well cared for even when the lives of adults change.
Child custody law & guardianship
When parents separate, many things change – for the adults, but especially for those who are least to blame: the children. Custody, access rights and care are not just legal terms, but decisions that shape a child's everyday life and can be decisive for their future. Children often feel caught between two stools and need to be treated with special care.
We support parents with calmness, empathy and experience in finding solutions that are in the best interests of the child and at the same time respect both parents. Our goal is to achieve amicable agreements – but if an agreement cannot be reached, we will represent you resolutely and yet with tact in custody, access and guardianship proceedings. Whether it's joint custody, primary residence, flexible care models, the rights of unmarried parents or cross-border issues in international child custody law – we are at your side to explain, organise and provide guidance at a time that often feels incredibly difficult.
Children need security and stability. We help to create the legal framework for this – so that despite their parents' separation, they can grow up in a world that gives them support.
Reasons for Schmelz lawfirm
Both the beginning and the end of a marriage are typically highly emotional affairs. Those involved do not always find it easy to see the wood for the trees. We help you to regain a clear perspective.
Our partner Eva Schmelz belongs to the next generation of family law experts. As the author of the well-known guidebook ‘Separated Parents – Shared Children: A Guide for Single Mothers and Fathers’, she has proven professional excellence. As a trained mediator, she knows how to deal with personally challenging situations with empathy and confidence.
At the end of 2025, Eva Schmelz was named one of Austria's top family law solicitors by the daily newspaper Der Standard in cooperation with the market research institute Statista.
