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Family Law

Family law matters are often emotional and complex. We support you with objectivity and sensitivity — in separation, divorce, custody, maintenance and child protection.

Warm family scene with parents and children as a symbol of cohesion and trust

What we do for you.

Couple sitting apart on a park bench looking at a folder

Divorce & Separation

Guidance through divorce and separation proceedings — uncontested or contested.
Two parents discussing a weekly childcare plan at the kitchen table

Custody & Care

Representation in matters of parental responsibility, care and contact rights.
Parent reviewing maintenance and financial documents at the kitchen table

Maintenance

Calculation and enforcement of child and spousal maintenance in line with current court practice.
Two separate stacks of papers, keys and a calculator on a living room table

Matrimonial Property

Division of matrimonial property, marital agreements and asset allocation.
Calm handover of a child between parents

Child Protection & KESB

Representation in KESB proceedings, deputyships and child protection measures.
Unmarried couple reading documents together in their new flat

Cohabitation & Partnership

Legal protection for cohabiting couples and registered partnerships.

For your situation.

Family Law in Switzerland

Family law proceedings concern what matters most: children, housing, finances and plans for the future. We advise and represent you in all areas of Swiss family law — from an initial assessment through out-of-court settlement to representation before courts and authorities. Our offices in Wil SG (Villa India), Teufen AR and Zurich and at our correspondence office in Gossau SG are easy to reach; meetings by video are also possible.

Parental Responsibility, Care and Contact

Joint parental responsibility is the rule in Switzerland (Art. 296 para. 2 Swiss Civil Code). It must be distinguished from day-to-day care and from contact rights (Art. 273 Swiss Civil Code). Whether alternating care is workable depends on the specific circumstances: distance between homes, working hours, the children's age. We develop care arrangements that hold up in everyday life and represent you where no agreement can be reached.

Maintenance

Child maintenance comprises financial support and a care-related component (Art. 276 and 285 Swiss Civil Code). The care-related component does not replace the caring parent's salary; it covers the living costs they cannot meet themselves because they are caring for the child. Swiss courts apply a uniform two-step calculation method with surplus allocation: first the subsistence minimum of all involved is determined, then any surplus is distributed according to established principles. For spousal maintenance (Art. 125 Swiss Civil Code), the duration of the marriage, the division of roles and re-entry into employment are central. We prepare robust calculations and enforce maintenance claims — or defend against excessive demands.

Matrimonial Property and Assets

Without a marital agreement, the regime of participation in acquired property applies (Art. 181 Swiss Civil Code). On divorce the regime is liquidated: assets acquired during the marriage are in principle divided equally, while individual property is excluded. Merely living apart, by contrast, does not automatically dissolve the regime — that requires a judicial separation or a court-ordered separation of property, which takes effect retroactively to the day of the application (Art. 176 para. 1 no. 3 and Art. 204 para. 2). Anyone who separates in fact and takes no further step continues to acquire property that will later have to be divided. Matters become complex with business holdings, real estate or pension fund withdrawals. We ensure a clean property settlement and draft marital agreements that prevent later disputes.

Child Protection and the KESB

Where a child protection measure is under consideration (Art. 307 et seq. Swiss Civil Code), prompt and considered action is essential. We represent parents and relatives in proceedings before the Child and Adult Protection Authority (KESB) and the judicial appeal bodies.

How We Work

We first clarify your objectives and the legal starting position. Where an amicable solution is possible, we pursue it — it is usually faster, less costly and easier on children. Where negotiation or litigation is required, we represent your interests with determination.

Your contact persons.

Portrait of Evelyne Gähler

Evelyne Gähler

lic. iur.Attorney at Law and Public Notary
Portrait of Livia Danton

Livia Danton

Partner · MLawAttorney at Law and Public Notary
Portrait of Raphael Fisch

Raphael Fisch

Partner · MLaw & BA phil.Attorney at Law and Public Notary
Portrait of Alberto Villa Alonso

Alberto Villa Alonso

MLaw HSGAttorney at Law and Notary designate

Frequently asked questions.

Who gets custody of the children?
In Switzerland, joint parental responsibility is the rule (Art. 296 para. 2 Swiss Civil Code). This is distinct from day-to-day care, which can be shared alternately or allocated to one parent. The child's best interests are always decisive.
How is child maintenance calculated?
Child maintenance is based on the child's needs and the parents' financial capacity (Art. 276 and 285 Swiss Civil Code). It has two parts: cash maintenance for the child's direct costs and care-related maintenance. Care-related maintenance is not a replacement salary for the caring parent but covers the part of that parent's living costs which they cannot earn themselves because of the care they provide. Swiss courts apply a uniform two-step calculation method with surplus allocation. We prepare a transparent calculation for your situation.
What applies to unmarried parents?
Unmarried parents can also declare joint parental responsibility (Art. 298a Swiss Civil Code). Maintenance, care and contact are regulated in a similar way; if no agreement is reached, the child protection authority (KESB) or the court decides. A maintenance agreement can be officially approved.
How is separation regulated?
In marital protection proceedings (Art. 175 et seq. Swiss Civil Code), the court regulates housing, maintenance and children's matters for the period of separation. The procedure is swift and often sets the course for a later divorce, which is why careful preparation matters.
What does matrimonial property law govern in a separation?
A distinction comes first: merely living apart does not dissolve the matrimonial property regime. It is dissolved on divorce, judicial separation, death, agreement on a different regime, or where the court orders separation of property — in which case the dissolution takes effect retroactively to the day the application was filed (Art. 204 Swiss Civil Code). Without a marital agreement, the regime of participation in acquired property applies (Art. 181): assets acquired during the marriage are in principle divided equally on liquidation, while individual property remains with each spouse. In marital protection proceedings the court may order separation of property where the circumstances justify it (Art. 176 para. 1 no. 3). A marital agreement can establish separation or community of property.
What does advice on family law cost?
In an initial consultation we clarify your situation, the approach and the costs to be expected. You receive a transparent offer before any fees are incurred. The effort depends on the scope and complexity of your case.
Who gets the home when we separate?
In marital protection proceedings the court decides who uses the family home during the separation (Art. 176 CC). The decisive factors are above all the children's interests and who depends more on the home — not who signed the lease or owns the property.
What does joint parental responsibility mean?
Joint parental responsibility has been the rule since 2014, including after separation or divorce (Art. 296 ff. CC). Both parents decide together on important matters such as schooling, place of residence and medical treatment. This is distinct from custody (where the child lives) and the shares of care.

Other practice areas.