Separation

Living Apart: The Framework

Swiss law recognises separation as a status of its own. Where living together is seriously disrupted, either spouse may suspend the joint household (Art. 175 Swiss Civil Code) — without authorisation, without a deadline, without justifying it to any authority. The marriage continues: inheritance rights, name and the duty of mutual support remain, and a contested divorce requires two years of living apart (Art. 114). Many couples deliberately choose separation as an intermediate step — to gain distance, or because divorce is out of the question for personal or insurance reasons.

Nothing about a separation settles itself. Anyone who does not record who cares for the children when, and who pays which bill, shifts these questions into daily life — where they are renegotiated again and again.

Agreement or Marital Protection Proceedings

If you largely agree, a separation agreement suffices. It records housing, care arrangements, maintenance and the allocation of running costs in writing. We draft it so that it can later serve as the basis for a divorce agreement.

If no agreement is reached, or an enforceable ruling is needed, the route leads to marital protection proceedings before the single judge at the place of residence (Art. 271 et seq. Civil Procedure Code). These run as summary proceedings and are therefore comparatively quick; the ruling governs living apart until further notice. It can be adapted later if circumstances change materially.

Children: Custody, Care and Maintenance

Joint parental responsibility as a rule continues after separation. What must be settled is custody — where the children live —, the other parent's share of care, and maintenance. Since 2017, child maintenance also covers care maintenance, which compensates the caring parent's loss of income. It is calculated under the two-stage method prescribed by the Federal Supreme Court: establish needs, then distribute the surplus. Where parents cooperate well we deliberately keep the arrangement open; where there is conflict, a precise care plan is needed.

Separating Without Marriage

Cohabiting couples have no marital protection procedure. Matters concerning children are settled by an agreement approved by the child and adult protection authority or through the court; the division of assets follows what the parties agreed and, failing that, the rules on simple partnership. Anyone who has jointly financed a house or run the household for years is worse off without an agreement than most assume. We clarify the claims and secure them in writing.

Separation in Eastern Switzerland

We support separations at our offices in Wil SG, Teufen AR and Zurich and at our correspondence office in Gossau SG — by agreement where possible, and with clear representation where necessary. If the path later leads to divorce, we build on what has already been settled.