DIVORCE & SEPARATION
You face a separation
Are you facing separation or divorce in Switzerland? Our experienced family law team has successfully guided thousands of clients through both amicable and contested cases. Learn how we can help protect your rights and navigate Swiss matrimonial law during this challenging time.
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.
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★★★★★We often think a lawyer is there to manage cases. But this firm does much more than that: it saves people. When I arrived at Kulik Hottelier, I was exhausted, overwhelmed, lost. I didn't know where to turn anymore, and I felt like everything was against me. Yet, from the very first meeting, something changed: I found hope again. Here, you're not just a name on a file. You are heard, understood, respected, and defended with impressive determination. The follow-up is constant, responses are quick, exchanges are clear and transparent. You always know where you're going, without surprises and with confidence. Kulik Hottelier is: • exceptional legal expertise • a thoughtful, intelligent, and effective strategy • clear and honest communication at every step • and above all, a rare humanity in this profession What struck me the most? Their ability to fight without ever getting drawn into unnecessary conflicts. A firm, brilliant, and incredibly precise defense, always results-oriented, never ego-driven. In moments when I doubted, they were my pillar. In moments when I was afraid, they were my assurance. And at the decisive moment, they were the force that made all the difference. Today, I am finally turning the page. And I know that without their work, their support, and their excellence, none of this would have been possible. If you're looking for a firm that combines brains, heart, courage, and transparency, don't waste time: contact them. There are professionals… and then there are lawyers who truly change a life. This firm belongs to the second category. Thank you to Maître Sevig, Maître Hottelier, and all your teams who work behind the scenes. Your work will remain engraved in my story.
★★★★★I can only recommend this team who greatly helped me! Through their professionalism, attentiveness and good advice, but also through their flexibility and very human approach. Thank you to them!
FAQ
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.
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Upcoming
Divorce in Switzerland: What Expats Need to Know
Residency rules, applicable law, financial settlements — a practical roadmap for expats navigating divorce proceedings in Switzerland.
By Damien Hottelier
Expat Divorce: Cross-Border Complications to Anticipate
Jurisdiction conflicts, dual nationals, enforcement abroad — anticipate the legal pitfalls that can derail an international divorce in Switzerland.
By Damien Hottelier
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