This thesis deals with the development of the divorce law, starting from the Roman law to our current law. At the beginning, the family structure in the Roman law will be discussed in more detail, followed by an account of the different ways of entering or dissolving a marriage. Summing up it can be said that Roman marriage and divorce considered to be a social fact, not a legal relationship. The development of the divorce law from post-Classicism until the Justinian age will furthermore be examined, where it can be seen that marriage became more legalized in that time. Moreover, the canonical law will be explained in more detail, which is characterised by an indissolubility of marriage. After having explained the canonical law, the development of our current marriage legislation will be discussed, starting from the 18th century when the Catholic Church possessed the exclusive rights concerning matrimonial matters. The Patent on Marriage, issued in June 1783, was marked by the principle of the indissolubility of marriage. This principle was applied without exception to all Catholic marriages. The ABGB 1811 adopted the principles of the marriage patent of 1783 and because of various confessions the marriage law displays a multiple structure. With the introduction of the marriage law in 1938 Austria got a modern marriage law regardless of different confessions. This divorce law, however, faced a significant change in 1978 as it was expanded by the principle of irretrievable breakup. The amendment of the marriage law in 1999 brought a fundamental reform in family law: The principle of fault was excluded.