Cohabitation Agreement
Unmarried couples are not specifically protected by law when they wish to separate. They therefore need to make their own arrangements. Marriage brings various legal advantages that do not automatically apply in a cohabitation – that is, a marriage-like partnership without a formal wedding.
Child maintenance in the event of divorce or separation – what is included in the maintenance contribution and what are extraordinary costs?
In the event of a divorce or separation with children, the question arises for many parents: who pays how much maintenance – and what exactly is included in the amount? Child maintenance is regulated by law in Switzerland, but often harbours potential for conflict in practice.
Calculation of child maintenance amounts in the event of divorce
Divorce often raises the question of how maintenance contributions for the child and the spouse are calculated. Below we have summarised the most important principles (abridged and written in general terms).
Are the termination benefits from the occupational benefit scheme (second pillar) to be divided equally in the event of divorce?
Pursuant to Art. 122 of the Swiss Civil Code (ZGB), occupational pension entitlements accrued during the marriage up to the time divorce proceedings are initiated must be equalised. The acquired termination benefits, including vested benefits and advance withdrawals for home ownership, must be divided equally in accordance with Art. 123 para. 1 of the Swiss Civil Code.
“What financial advantages do I have by getting married?”
Discussions about “discrimination” against married people arise time and again, not only in relation to taxes but also to pensions. But are there also advantages to being married?
What happens to the family home after a separation?
The decisive factor as to who remains in the shared home after separation is who is more dependent on it.
Personal contact with the non-custodial parent
Parents can be denied or deprived of the right to personal contact if this would jeopardise the child’s welfare. However, the Federal Supreme Court is somewhat reserved in its judgement on this question.
Equal treatment of spouses with joint custody
If joint custody of a child of unmarried but separated parents is determined by the court, the care times of the spouses with regard to custody do not necessarily have to be determined in a ratio of 50% to 50%.
“I would like to divorce my spouse. What costs should I expect?”
Divorces are becoming more and more frequent in Switzerland. In order to estimate the costs of a divorce, a distinction must be made between a divorce by mutual consent and a contested divorce. The costs can vary greatly depending on the case.
Difference between separation and divorce – What needs to be settled?
The end of a marriage is usually a very emotional process. In the following, we show what regulation options are available when the joint household is dissolved.