Divorce

The Path Through Divorce

Whether uncontested or contested, a divorce demands decisions with long-term consequences — concerning children, maintenance, assets and pensions. From our offices in Wil SG (Villa India), Zurich, Teufen AR and Gossau SG, we guide you through the entire proceedings and make sure the outcome is not only legally sound but workable in everyday life.

Divorce by Joint Petition

If the spouses agree on the divorce and its consequences, they file a joint petition together with an agreement (Art. 111 Swiss Civil Code). The court hears both parties and reviews whether the agreement is clear, complete and not manifestly inequitable. A carefully drafted agreement — covering maintenance, property, pension splitting and children's matters — speeds up the proceedings considerably. We negotiate and draft the agreement so that it withstands judicial review.

Divorce by Action

Without consensus, one spouse may sue for divorce, generally after two years of living apart (Art. 114 Swiss Civil Code); earlier if continuing the marriage has become unreasonable (Art. 115 Swiss Civil Code). In contested proceedings, the court decides on all ancillary matters. Preparation, evidence and a realistic strategy are decisive here — we represent you consistently while keeping the costs of the proceedings in view.

Marital Protection: Regulating the Separation

Divorce is often preceded by a period of separation. In marital protection proceedings (Art. 175 et seq. Swiss Civil Code), the court regulates the allocation of the home, maintenance and children's matters for the duration of the separation. These arrangements frequently set the course for the later divorce, which makes careful preparation doubly worthwhile.

The Ancillary Matters: Maintenance, Property, Pensions

Three issues shape the financial side of every divorce: post-marital maintenance (Art. 125 Swiss Civil Code), the division of matrimonial property (Art. 120 Swiss Civil Code) and pension splitting — the equal division, in principle, of occupational pension assets accumulated during the marriage (Art. 122 et seq. Swiss Civil Code). Pension splitting is often underestimated, yet it is frequently the largest single asset at stake.

Mediation and Amicable Solutions

Where a basis for dialogue exists, we support out-of-court solutions and mediation. Amicable arrangements are usually faster, less costly and better accepted by both sides — which matters most when children are involved and the parents must continue to cooperate.