When family matters raise legal questions, we are here for you.
Whether you have questions about marriage, cohabitation, separation or divorce, children, child support or child and adult protection — when family situations require legal clarification, we are at your side. We advise and represent you in all family law matters — experienced, prudent and solution-oriented.
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We stand by your side and create sustainable solutions in family law.
Family conflicts are emotionally stressful and legally complex. Whether it's divorce, separation, custody, child support or child and adult protection: Decisions in such situations have far-reaching consequences.
We listen, analyse your situation and show you your options for action. With legal experience and understanding, we represent your interests vis-à-vis authorities and courts, conduct out-of-court settlement discussions for you and help you find sustainable solutions.
Family law often focuses on far-reaching personal issues. We clarify your rights, secure your claims and consistently represent your interests. For example, for the following issues:
Review and enforce child and spouse support claims
Settle and negotiate custody and custody
Drafting and negotiating separation and divorce agreements
Review and draw up marriage and partnership agreements
Apply for and represent child and adult protection measures
Representation before authorities, courts and in conciliation proceedings
We can help with that
Divorce & separation
Draft and negotiate divorce or separation agreements, and review and enforce the division of assets.
upkeep
Calculation and enforcement of child and spousal support, adjustment of maintenance payments in the event of changes in living conditions, enforcement of maintenance claims.
Custody & custody
Regulation, negotiation and enforcement of joint or sole custody, custody and access rights.
Child and adult protection
Applying for and providing legal support for advisors or guardianships, review and implementation of limited powers of action.
Partnership and marriage contracts
Review, drafting and adjustment of marriage or partnership agreements as well as advice on property law issues.
Conflict resolution & representation
Negotiations with the other party to reach an amicable solution and representation before conciliation bodies, courts and authorities.
Here's how to go about it.
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Frequently asked Questions and answers.
Typical questions in family law may include:
Unmarried couples (cohabitation) do not enjoy automatic legal protection like married couples; they are considered by law as two separate individuals without mutual maintenance, capital settlement or inheritance rights obligations.
For example, the father must recognize paternity in the case of common children and the parents must make a joint declaration of parental custody in order to establish joint custody — otherwise, only the mother has sole custody at first. Even in the case of pensions (AHV/IV, pension fund), there is no automatic compensation or entitlement to a survivor's pension for the surviving partner; for example, there is no widow/widower's pension in the second pillar (pension fund) only if the pension fund provides for this in accordance with regulations and has declared this, otherwise the surviving partner will go blank.
It is therefore advisable to fill gaps through a partnership agreement, reciprocal wills or inheritance contracts, powers of attorney and regulations for children and pension provision.
We would be happy to advise you on your individual insurance policies and help you make your partnership legally secure.
With the help of a marriage contract, spouses can regulate the property status of their assets, because in principle, the profit sharing applies unless there is a different marriage contract. In such a system, it is possible to define assets intended for the exercise of a profession or the existence of a company as own property. In a marriage contract, a separation of property (separate assets during marriage and in the event of divorce) or a community of property (all assets are halved in the event of divorce) can also be agreed.
Alimony and custody provisions cannot be regulated in a marriage contract.
We would be happy to assist you in drawing up and notarizing a marriage contract and check what drafting options exist in your case.
Capital settlement always takes place if no deviation has been made from the legal property regime of the profit sharing by means of a marriage contract.
In an income share, both spouses share half of the other's property acquired during the marriage. The person who has earned higher wealth must make compensation payments to the other person.
The duration of a divorce depends heavily on the consent of the spouses and the complexity of the secondary consequences (children, maintenance, property rights, pension provision). An amicable divorce upon joint request usually takes a few months, as there is no need for a two-year separation period.
In the case of a unilateral request, a two-year separation period must generally be observed, after which the proceedings can take a further several months to years, in particular in the event of disputes.
As part of divorce proceedings, sole custody can be applied for, but this is the exception and requires high hurdles; because joint custody is considered a rule and therefore remains in principle even after a divorce.
Sole custody is only granted if it significantly demands the best interests of the child. Disputes between parents are only grounds for sole custody if, as a result, the best interests of the child are limited or demonstrably endangered.
Even with sole parental authority, the non-custodial parent as well as the child has the right to personal intercourse, i.e. contact. This right can only be limited or withdrawn in exceptional cases where it significantly jeopardizes the best interests of the child. A ban on contact is the very last step.
Parental custody includes the care and education of the child, the determination of his place of residence, decisions on school and career choices, religious education, and the legal representation and asset management of the child.
It is exclusively in the best interests of the child and is generally exercised jointly by both parents, regardless of marital status; in the event of disagreements, the parents are obliged to cooperate and can involve the child protection authority.
In the event of a divorce, joint parental authority is generally retained. Only parental care is usually given to a partner alone.
The law states that parents who are no longer holders of parental custody or custody have a right of visitation and access. This is intended to ensure that there is no alienation between parent and child.
Visitation rights should only be granted to persons who are not the parents of the child in exceptional cases. In the past, however, there have been repeated judgments in which, under certain conditions, persons other than parents were also granted access rights without care or custody.
We would be happy to advise you on which persons are entitled to visitation or access rights in your specific case, as well as on how to legally enforce them.
Anyone with a legitimate interest (e.g. parents, relatives, teachers, neighbors, etc.) can report anonymously or by name if a child or adult appears to be at risk; there is also a reporting obligation for certain professional groups.
Under certain conditions, persons subject to professional secrecy can report to the KESB even without release from professional secrecy.