Online Marriages Not Recognised in Austria

Aug 13, 2026 Benn-Ibler Rechtsanwälte

The Austrian Supreme Court (Oberster Gerichtshof, hereinafter OGH) examined the question of whether a marriage conducted via video conference pursuant to Utah, USA, state law is eligible for recognition in Austria. The primary matter under consideration was whether an online wedding ceremony constitutes a marriage contracted abroad, notwithstanding the physical presence of both spouses in Austria during the proceedings.

Marriage ceremony conducted via video conferencing

In the case at hand, an Algerian national and his Romanian fiancée had married via video conference in July 2023 before a registrar in Utah, USA. However, during the ceremony, the couple and the witnesses were all present in Austria.

The applicants requested that the marriage certificate be recognised in Austria; however, both the court of first instance and the appellate court rejected the application.

Marriage certificate is not a ‘foreign decision’

The OGH established that a foreign marriage certificate does not meet the definition of a ‘foreign decision’ under Section 97 of the Austrian Non-Contentious Proceedings Act (Außerstreitgesetz, AußStrG). The recognition of foreign decisions is specifically applicable to rulings concerning divorce, annulment of marriage, or the determination of the existence or non-existence of a marriage.

Simply providing a marriage certificate is not covered by this provision.

Marriage location is key

The OGH determined that the marriage under consideration had not been conducted overseas. The ruling was based on the fact that, aside from the registrar, all participants had attended the video conference from within Austria.

Nonetheless, marriages conducted within Austria are subject to the country’ formal legal requirements. Pursuant to Section 17 of the Austrian Marriage Act (Ehegesetz), both parties intending to marry must appear together, in person, before a registrar to officially declare their intention to wed.

Given that these requirements were not fulfilled during the online wedding ceremony, the marriage was not eligible for recognition in Austria.

OGH, 3 Ob 60/26h, 29 April 2026