Frequently Asked Questions

The costs depend on the nature and complexity of the settlement. In an amicable partition, you can expect legal fees for drafting the agreement and notary fees if real estate is involved. If a judicial partition is required, court filing fees and potentially expert valuation costs will also apply. Our firm provides transparent fee estimates at the outset so you can make informed decisions about how to proceed.

Yes, and this is in fact the most common and recommended approach. When all heirs agree on how to divide the estate, they can sign a private partition agreement that settles everything without court involvement. A notary is only required when real estate transfers are part of the settlement. Court proceedings become necessary only when one or more heirs refuse to cooperate or when fundamental disagreements cannot be resolved through negotiation.

In an amicable settlement, the heirs are free to agree on the value of each asset. When they cannot reach an agreement, or when court proceedings are involved, the fair market value applies. For real estate, this typically requires an independent appraisal. Bank accounts, securities, and business interests are valued according to established methods. Proper valuation is critical, as it directly affects the size of each heir's share.

If an heir refuses to cooperate, the estate cannot remain in limbo indefinitely. Swiss law allows any co-heir to file an action for partition before the competent court. The judge will then determine how the assets should be divided, taking into account the legal shares, any testamentary provisions, and the specific circumstances of the case. The refusing heir will be bound by the court's decision.

The timeline depends largely on whether all heirs cooperate. When everyone agrees, the estate can be divided in a matter of weeks through a private partition agreement. If disputes arise and court proceedings become necessary, the process may take anywhere from twelve months to several years, depending on the complexity of the assets involved and the level of disagreement among the parties.

There are several stages and each has its own deadline (there are one-month, three-month, one-year, five-year deadlines, etc.), or sometimes no deadline at all. The main problem to manage in a complex inheritance situation is time. We invite you to consult us very quickly to first understand the deadlines, then define the strategy.

It's not that easy, but defending oneself requires being proactive. Generally, avoidance happens in two ways: through direct violation of succession rules (though in Swiss and German law, forced heirs are only entitled to a portion of net assets rather than guaranteed heir status), or through choosing a different country's law. In both cases, the situations are endless and require particularly thorough examination to determine the legality and enforceability of such rules.

We advise conducting one during significant life events—such as the birth of a child, before marriage, before relocation, or before purchasing a house. Our role isn't to make decisions for you but rather to highlight the advantages and disadvantages of various options while helping protect your interests.

The Swiss maintenance contribution system has two main categories based on income levels: one for cases where income significantly exceeds the standard of living (where maintenance is based on that standard, known as the one-step system), and another for cases where income is lower (the two-step system). In the latter case, a detailed calculation system prioritizes expenses in this order: first the basic needs of the paying parent, then the children's needs, followed by the custodial parent's needs, then the non-custodial parent's needs. Any remaining money is distributed among the parties according to a distribution formula. This system offers considerable flexibility, starting with income calculation—judges can even attribute a hypothetical income different from actual earning.

The rules underwent a drastic change with the new inheritance law that came into force in January 2023. The forced heirship portion is now reduced to half of the statutory share for children and spouse. The parents' forced heirship has been eliminated. With this clarification, Swiss law does not automatically invalidate a will in case of violation of forced heirship rules. Proper legal advice can in practice give you good chances of significantly increasing your room for maneuver.

Yes, but its meaning differs from what is commonly understood in Anglo-Saxon countries. Swiss law recognizes two types of prenuptial agreements: The first type is statutory, allowing spouses to choose from three matrimonial property regimes established by Swiss law. The second type, based on case law, allows spouses to make binding pre-arrangements about divorce effects under specific conditions. The topic is quite technical. You can find the lecture given by Damien Hottelier on this subject here.

The answer depends on your specific situation. With joint parental authority, you generally need the other parent's agreement to relocate. If they refuse, a judge can authorize the relocation—particularly considering whether you are the primary caregiver. Without joint parental authority, the custodial parent typically has freedom to relocate. However, careful case-by-case evaluation is essential. The risks are significant because Switzerland, as a party to the Hague Convention, can readily engage international cooperation to return a child. This makes obtaining relocation authorization much more challenging in international cases.

When examining child returns, Switzerland first reviews the laws of the departure country to determine if the relocation was legal. It then applies relevant international agreements like the Hague and European conventions. These agreements aim to restore the previous situation, though Switzerland broadly applies several exceptions. The process falls under a specific law—the LF-EEA—which designates the highest cantonal court as the first instance court, with appeals going directly to the Federal Supreme Court. Our firm regularly handles these cases, representing both parents and children at all stages of proceedings.

Generally, the courts of the child's habitual residence have jurisdiction to handle all child-related matters (custody, maintenance, etc.), with exceptions becoming rare, including for modifying a judgment issued abroad. Regarding other matters, Swiss jurisdiction will be established if the respondent spouse is domiciled in Switzerland. The law also provides for other cases, but their recognition abroad must then be carefully verified. Don't hesitate to consult us for an initial assessment.

Divorce judgments address both past matters — such as the liquidation of matrimonial property — and future arrangements — such as child custody and maintenance payments. Future arrangements in a divorce judgment can be modified when significant and lasting changes occur. For instance, maintenance payments may be adjusted due to job loss or substantial changes in income. Similarly, if a child expresses a strong desire to change their custody arrangement, this aspect may be reconsidered. Since the law provides no rigid criteria for such modifications, this flexibility works both ways — something we skillfully use to our clients' advantage. Past matters are generally settled permanently after appeal deadlines expire. However, we can seek revision in specific cases — such as concealed information or criminal influence — but this must be done quickly, so consult us without delay.

Yes, but courts are strict about modifying judgments based on settlements or agreements. Thorough evidence must be presented to show that the requested changes were truly unforeseeable.

Generally, and if there is an immediate risk of asset disappearance, the protection authority can (and frequently does) freeze assets and restrict the civil rights of the person concerned, at least until an initial hearing. A representative curator can also be appointed, or even a general protection measure for the person.

You can consider divorce in four cases: (1) both spouses agree to divorce; (2) you have been living separately for two years — consult us beforehand; (3) continuing the marriage has become unbearable — while this is often not readily accepted, consult us to determine if your situation falls under this provision; (4) you wish to avoid jurisdiction abroad (meaning your spouse filing for divorce in another country) — while this case is not explicitly provided for by law, we handle it with our experience. Consult us. If you do not meet any of these conditions, you can: (1) obtain a legal separation judgment; (2) prepare for divorce while preserving assets; (3) obtain precise information about what to expect in Switzerland and thus decide what you want to do. Swiss law broadly recognizes marriage; therefore, the place of marriage often matters little in determining Swiss jurisdiction. Consult us if you have any doubts.

Without an agreement, the judge follows a three-step legal framework to decide who stays in the home: utility of the property, feasibility of relocation, and legal status of the property. This determines who stays, who leaves, and under what conditions and timeline. Primary custody of children strongly increases the likelihood of being granted the marital home. Working from home can also be a compelling factor. However, there are no automatic outcomes—each case is evaluated based on its specific circumstances.

Swiss law follows a no-fault divorce system. While the civil code allows judges to authorize separate living, spouses generally don't need authorization to separate. However, be cautious—if you or your spouse later file for divorce in another country, different laws may apply, potentially leading to complications. More frequently, leaving the marital home might not be relevant at all. We recommend consulting us first to avoid such issues.

Yes, generally speaking. The Swiss state operates under strict professional secrecy rules and maintains clear separations between departments. For instance, tax authorities have limited ability to share information with civil courts. The civil registry keeps paternity acknowledgments completely confidential until after the parent's death. We can guide you in understanding how to maintain family privacy here.

Yes, under Swiss law. Compatibility with the country of residence is systematically verified through specialized local attorneys. It is even possible to choose a partial election of Swiss law for certain reasons provided for by Swiss law.

In principle yes, if you have the nationality of the country concerned. The law changes on January 1st, 2025. It will become easier for foreigners to choose foreign law even if they have Swiss nationality. Thus, the new Art. 91 LDIP provides that a person can subject their succession by will or inheritance pact to the law of one of their national States. The testator must have had the nationality in question either at the time of making the disposition or at the time of death. However Swiss citizens cannot deviate from Swiss law provisions regarding the forced heirship portion.

Switzerland is a member of the Hague Convention of 13 January 2000 on the International Protection of Adults, which allows for broad recognition of decisions taken in Switzerland or abroad, as well as international cooperation based on common tools.

Any close relative. The term "close relative" is not strictly defined; it is often interpreted broadly by the authorities, at least concerning family, even extended family.

No. Homosexuality and consensual homosexual acts are legal under Swiss law.

No. However, there are specific requirements for minors. See question 37.

According to case law, gender-affirming treatments must be reimbursed by basic (and mandatory) health insurance (see Supreme Court 137 I 86). No legal text covers all areas, and concerned individuals might encounter resistance from insurers, requiring additional documentation to establish the necessary diagnosis of Gender Identity Disorder in Adolescents or Adults according to DSM 302.85. Existing psychiatric therapy of at least six months is usually required for insurance coverage of hormonal treatments. Insurers won't cover surgery without an existing psychiatric therapy for at least one year and will usually not accept claims without prior hormonal treatment. Surgery coverage is extensive and may include genital, mammary, facial (though this is disputed), and vocal cord modifications (see Supreme Court 9C_572/2015 § 4.2).

Yes. On September 26th, 2021, Swiss citizens widely accepted (64% in favor) the "Marriage for All" legislation, establishing gender-neutral marriage. There is no difference between same-sex and opposite-sex marriages.

Yes.

An older legislation provided such a non-married status ("Federal Act on the Registered Partnership between Same-Sex Couples"). It was materially abolished by the "Marriage for All" legislation and it is not possible to conclude such agreement.

They are not legally recognized, and there is no legal difference between same-sex and opposite-sex de facto couples in terms of breakdown. However, Swiss law provides specific corrections allowing de facto couples to be considered in certain situations (notably medical representation and partial social insurance coverage in case of death). Concluding a de facto agreement is possible and legally binding but is complex and highly fact-specific due to form and proof requirements and tax consequences, which differ between cantons.

Not directly. However, a foreign customary marriage might be legally binding in specific circumstances. There is no difference between same-sex and opposite-sex couples in this regard.

Not under Swiss law. According to Civil Code § 267, previous parent-child relationships are extinguished in the case of adoption. However, Switzerland supports the broad recognition of foreign adoptions, including those with more than two parents.

The person giving birth is automatically designated as the mother and cannot choose a different status (see Civil Code § 252 I).

Yes.

Unmarried couples are ineligible to adopt together. Individuals aged 28 or older are eligible to adopt. Married couples are eligible to adopt after three years of cohabitation, provided both partners are aged 28 or older. A spouse or cohabitant is eligible to adopt the child of their partner if they have lived together for more than three years. Gender does not matter at this point. The consent of the other parent is mandatory and can only be waived if the parent is unknown, has been missing for some time, or permanently lacks the capacity for judgment. The consent can be revoked once.

No. Intended parents will not both be recognized – the father or one of the fathers may be able to recognize the child – and it is a misdemeanor under Swiss law for anyone to provide assistance with surrogacy. Parents relying on surrogacy will likely face several legal challenges, including child protection measures. The other parent might adopt the child based on the adoption of the partner's child statutes (see Supreme Court 148 III 384). If the intended parents separate and only one is considered a legal parent, the other parent might request visitation rights (see Supreme Court 147 III 209).

No.

Not based on Swiss law. Two mothers relying on surrogacy will not be able to recognize their parenthood. When two fathers rely on surrogacy, one may be able to recognize the child and become a legal parent. The other parent might adopt the child based on the adoption of the partner's child statutes (see Supreme Court 148 III 384). The Supreme Court considers the prohibition of surrogacy to be essential to the public interest (see Supreme Court 148 III 384). Two parents relocating to Switzerland will likely not face difficulties as long as their status is recognized by the originating state.

No. See Federal Act on Medically Assisted Reproduction § 4.

Yes, as long as they are married mothers (since July 1, 2022) or opposite-sex couples and have complied with the provisions of the Federal Act on Medically Assisted Reproduction.

With surrogacy and ovum/embryo donations prohibited, and sperm donations reserved for married couples, a child conceived via IVF will be legally recognized only for married women, married opposite-sex couples, or unmarried opposite-sex couples not relying on sperm donations. Parentage will be automatically recognized for married couples (Civil Code § 252 II). However, in the case of married women, the surgeon must provide a certificate stating that the requirements of the Federal Act on Medically Assisted Reproduction were strictly adhered to (Federal Civil Registar Ordinance § 35 VIbis). As long as Swiss law is strictly followed, the Federal Act on Medically Assisted Reproduction § 23 I stipulates that if a child is conceived through sperm donation in accordance with this Act, neither the child nor the mother's spouse can contest the filiation with the mother's spouse.

No.

Same-sex and opposite-sex couples receive equal treatment in this matter. Issues regarding child status (parental responsibility, custody, alimony, child protection, child asset protection) are assessed in a summary proceeding, and the basic rules do not differ between married and unmarried couples. The Supreme Court does not recognize any alimony rights in a de facto couple. However, child support includes a specific portion for the caregiving parent to cover their basic costs, which essentially depends on the age of the child. Since the law does not regulate de facto couples, any claim must be based on the agreement that the two individuals have concluded a simple contract. Case law presumes that a five-year cohabitation usually involves such a contract. However, even when this is proven, the scope of this contract is typically limited and difficult to predict.

No.

Yes. Attention is specifically drawn to tax issues regarding inheritance or donations for unmarried couples. The situation varies significantly between cantons and might lead to very high inheritance taxes. Seeking tax advice is strongly advised before taking any action.

Yes. Discrimination and incitement to hatred against a person or a group of persons on the grounds of their sexual orientation is a misdemeanor since July 1st, 2020. The new scope of this article was widely supported in the voting by Swiss citizens (63.1% in favor). Since 1981, equality between men and women has been supported by the constitution. In 2000, the Constitution § 8 added a broad equality principle and the prohibition of discrimination based on gender and way of life, including protections for transgender, intersex, and non-binary people, as well as sexual orientation. The federal legislature retains the ability to adopt discriminatory laws if they serve the public interest, are proportionate, and do not conflict with the essence of the principle.

Not everywhere. Several cantons have prohibited gay conversion therapies (Vaud on October 29, 2024, and Neuchâtel in April 2023). Multiple motions have been accepted in cantons, such as Geneva, and are likely to be introduced into those cantons' laws. At the federal level, several parliamentary initiatives related to a federal prohibition are currently pending. One of these federal parliamentary initiatives was initiated by a canton.

Yes. According to Civil Code § 30b, since January 1st, 2022, any person who is firmly convinced that they are not of the sex recorded in the civil register may declare to the civil registrar their wish to have the entry changed. They can choose between male and female. Currently, the parliament has refused a third option or the absence of any indication. The declaration may be made at any civil registrar or Swiss diplomatic entity (see Civil Registrar Ordinance § 14b) and incurs a fee of CHF 75 (see Civil Registrar Fees Ordinance). The person making the declaration may also have one or more new first names entered in the civil register. The declaration has no legal effect on family relationships. The consent of a legal representative is required if the person making the declaration is under the age of 16, is subject to a general deputyship, or if the adult protection authority has so ordered.

Yes. The matter is not codified in law and largely depends on case law and medical guidelines. Generally speaking, a 16-year-old minor is presumed capable of giving consent independently, and parents do not need to be notified. For minors younger than 16, parental consent is usually required, but physicians may determine that the minor has the capacity to make their own decision. Parents can challenge the medical decision in court as long as the patient is a minor. If only one parent opposes, the other may seek court approval. See question 7 for additional information on the broad insurance coverage.

No. Currently, the parliament has refused a third option or the absence of any indication.

Since January 1st, 2022, the declaration has no legal effect on family relationships (see Civil Code § 30b).

Old case law and civil registrar guidelines supported gender change as a ground for divorce. In our opinion, the situation has completely changed after the introduction of the Marriage for All legislation on January 1st, 2022, and we do not believe that a gender change would now be grounds for immediate divorce. However, Switzerland offers a no-fault divorce option after two years of separation.