Lawyer Marriage Law

The marital property regime regulates the financial affairs of married couples. Most married couples in Switzerland are subject to the ordinary marital property regime of accrued gains. There are four types of assets: the separate property and accrued gains of the wife, as well as the separate property and accrued gains of the husband. During the marriage, each party manages and uses their assets independently. However, both the husband and wife must contribute reasonably to the family’s maintenance. The marital property regime becomes important, especially when the marriage is dissolved – either through death or divorce. Then, the marital assets are divided in a marital property settlement: the husband and wife retain their separate property; the surplus, which is the positive balance of the two accrued gains, is divided equally unless otherwise agreed in writing.

With a prenuptial agreement, married couples can modify the accrued gains regime or agree on a different marital property regime; the options include separation of property and community of property. With such a prenuptial agreement, it is possible, for example, to ensure that the marital savings go entirely to the surviving husband or widow in the event of death. Prenuptial agreements are also important when one party operates their own business or in blended families with children from different relationships. Such a prenuptial agreement must be notarized publicly. Seek legal advice when drafting one.

Child support includes the costs of care, upbringing, education, and child protection measures. Parents jointly provide for this support – either through personal care or financial contributions. This applies when parents live together but also when they are separated. Parents are generally obligated to support their children until their 18th birthday. If the child has not completed their initial education by then, the obligation to support continues. The law does not specify an age limit. Thus, it is entirely possible for parents to continue supporting their child’s maintenance beyond their 25th birthday. Even if the child fails an exam, the parents must continue to pay. However, the child must diligently pursue and advance their education – parents are not obligated to support an “eternal student.”

Marital disputes often arise over finances. Addiction problems or disputes over children can also be the basis for a marital crisis. The most important thing is to seek help in a timely manner – from a budget counseling service, the child and adult protection authority (Kesb), or a couples’ coaching service. If a conflict cannot be resolved in this way and a binding decision is needed, you have the option at any time to turn to the divorce protection court in your canton of residence alone or together with your partner. The divorce protection court can issue binding orders and, for example, determine how much each party must contribute to household expenses, determine the amount of discretionary income for the homemaker, or order child protection measures. The proceedings before the divorce protection court are usually oral. You can be accompanied by a lawyer – especially if your spouse also does so.

Especially in a mutual consent divorce, when the partners agree on most divorce matters, it is possible and advisable for spouses to engage the same lawyer. This can help reduce costs and expedite the process, as one lawyer can represent both parties and prepare the divorce agreement, which is then signed by both. This is particularly possible when there are no significant conflicts of interest between the spouses and they are in agreement.

It is possible to get divorced without a lawyer. A so-called “amicable divorce” can occur without a lawyer if both spouses have agreed on all divorce consequences (such as alimony, custody, and division of assets) and have documented this in a notarized divorce agreement.

However, if there is disagreement or complex legal issues arise, it is advisable to consult a lawyer to protect your interests and ensure that all legal aspects are handled correctly.