Parental Counselling Before a Divorce by Mutual Consent
Counselling for parents, required for a divorce by mutual consent, §95 Abs 1a Außerstreitgesetz (Mediation law)
In our practice in Vienna we offer parental counselling required before a consensual divorce in accordance with section 95 (1a) of the Austrian Mediation Law. These consultations are legally mandated in order to facilitate the well-being of underage children of divorced parents.
As a consequence of separation and divorce, children have to cope and adapt in a number of ways. In this time, which is often difficult for everyone involved, parents have a special responsibility for their children and their needs. With the mandatory counselling session before a consensual divorce, the legislator is trying to support both the constructive cooperation between the parents and the positive development of the parent-child relationship.
Agreeing the consequences of divorce
(Translated from § 95 Abs. 1a Außerstreitgesetz – Austrian Mediation Law)
(1a) Before concluding or submitting a settlement of the divorce to the court, the parties must certify that they have sought advice from a suitable person or institution about the specific needs of their minor children resulting from the divorce.
(2) If the spouses fail to provide an agreement regulating the consequences of divorce, the court must instruct them to close one. […]
Source: RIS – Legal Information System of the Federal Chancellor’s Office
The process of parental counselling required for a divorce by mutual consent in our practice in Vienna
Usually parents come to counselling together, which is advantageous because parents can hear each other’s questions or concerns. However, there can be reasons why this is not possible, and then individual appointments can be arranged.
Parental counselling is usually without children being present. If it is necessary to take your child with you, for example because it is an infant, please let us know beforehand.
The minimum duration of parental counselling is one hour. Of course, we are happy to take more time for you and your concerns if required.
Since we will issue a confirmation for the court, it is necessary to bring an official photo ID with you.
Parental counselling is of course confidential, this also means that there is no feedback to the divorce court about the content discussed.
The fee for a counselling session of one hour is € 100.
Aims and content
The aim of this consultation is to facilitate insight into the specific situation of your child or children, so that you can support them well in the changes associated with the separation or divorce. This is also linked to the hope that you, as parents, coordinate well with each other and thus relieve your child.
To begin with, we will be interested in how you assess your child’s current situation, generally and with regard to the separation and divorce. We will also ask if there have been any noticeable responses of your child in reaction to the separation and how it has so far been possible to support or relieve your child in dealing with it. Consequently, further questions and discussion points may arise.
In the consultation, we will also clarify possible general problems and needs of underage children or adolescents placed in a separation scenario. In addition, we will provide general information about possible challenges in the relationship with your child and strategies for dealing with them. Since every child is different, these general points need not apply directly to you or your child. Nevertheless, it can be useful to be aware of possible future problems in order to avoid them or, if necessary, to react responsibly.
Topics that we address in a counselling session include:
- Your hopes for the consultation
- The specific situation of your children
- Rights and needs of your children
- The relevance of separation and divorce for your children
- The child’s perspective
- Influencing the experience and situation of your children
- Possible reactions of your children and how to respond
- Challenges involved in being a divorced parent
- Ways to make it easier for your children.
Confirmation for the divorce court
Immediately after the consultation, you will receive a confirmation of attendance to a consultation according to §95, Abs. 1a Außerstreitgesetz for the court.
Please get in touch to clarify any questions or concerns you may have. To make an appointment, please either give us a call or send an email.
Mag Dr Martin Miksits, MSc
Psychotherapist – Systemic Family Therapy
Registered advisor to parents on the specific needs of underage children resulting from divorce; in accordance with section 95 (1a) of the Außerstreitgesetz (mediation law)