You face a separation

Our law firm specializes in divorce. Our members have handled thousands of cases—both amicable and contentious—and managed countless situations that can arise during these procedures.

Legal separation is the first step before divorce and introduces spouses to matrimonial law. Under Swiss law, separation addresses specific matters: the separation itself, child custody, use of shared assets (such as the family home and vehicles), maintenance payments, and potentially the establishment of judicial separation of property. We'll help you understand the risks involved and guide you in taking the right approach.

The judicial separation decision is crucial as it often sets the tone for what follows and can significantly shape how the dispute is ultimately resolved. The decision is made through an expedited procedure with only a brief review of evidence. Having an experienced lawyer helps you understand your options and how to use them most effectively.

Frequently Asked Questions

How is alimony/maintenance determined?

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.

Can protective measures for marital union (separation judgment) be modified?

Yes, but courts are strict about modifying judgments. The threshold for a modification is a notable and lasting change in circumstances. The most common examples are changes in income or a change in the child's living arrangements.