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

Can I separate ?

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.

Who gets the home?

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.