Choose the Right Specialists
You face a separation
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.
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.
How are alimonies / maintenance determined ?
The Swiss maintenance system has two main categories based on income levels: one for when income exceeds the standard of living (where maintenance is based on that standard), and another for when income falls below it.
In the latter case, a detailed calculation system prioritizes expenses in this order: first the paying parent's basic needs, then the children's needs, followed by the custodial parent's needs, then the non-custodial parent's needs. Any remaining money is split between parties using a distribution formula.
This system offers considerable flexibility, starting with how income is calculated—judges can even assign a theoretical income different from actual earnings.
Selected professionals
Magda Kulik has established herself as a leading expert in high-stakes divorces, handling numerous cases for ultra-high-net-worth individuals with a strong international focus. With over fifteen years of specialization in family law, she has consistently been recognized as a top practitioner by her peers. Clients value her steadfast dedication to their cases.
With over a thousand divorce cases handled, Damien Hottelier brings extensive experience to both contentious and amicable proceedings. He excels at working independently while also leading teams on domestic and international matters, combining strategic oversight with careful attention to client wishes. His effectiveness has consistently earned high praise from clients, as evidenced by the testimonials on his page.
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