You are headed for a divorce.

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.

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 — please see this specific page ; (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.