digitalCounsels offers a solution by a specialist for every question relating to separation, divorce, custody, maintenance or children’s rights. Our certified partner lawyers in Switzerland are individually selected by us. In this way, we guarantee the right contact person for your question.
How it works
Appoint a lawyer for family law matters
”In the event of a divorce, we represent you emphatically and try to work out a fair and efficient solution.Dr. Paul-Lukas GoodLawyer for divorce law
Why choose a specialized lawyer?
In the case of unity between the parties, uncomplicated financial circumstances and without quarrels about the children, you may not need a legal representative. If, on the other hand, there is a business or a property, a lawyer is usually helpful. There are many unanswered questions when it comes to divorce. If the parties are (still) in disagreement but ready to talk, they can turn to a solicitor together to reach a divorce agreement.
digitalCounsels gives you access to a network of specialized divorce lawyers and facilitates the efficient handling of the process using the digitalCounsels platform. Its features enable easy communication and data exchange with the lawyer you select and the cost overview at all times.
How do I choose the right lawyer?
How to find the best lawyer for your questions:
Finding a good lawyer in divorce law is not easy. You are probably looking for someone who is trustworthy, knowledgeable, friendly and inexpensive. The following questions will help you find the right lawyer.
One of the biggest problems in finding a lawyer is filtering out ‘field, forest and meadow’ lawyers. Many of these lawyers say that they deal with divorce law. Yet it is only one of many areas in which they are active in an advisory capacity. Because such lawyers do not regularly and specifically focus on divorce law, they may not have the experience and expertise to resolve complex issues in this area.
The network of attorneys at digitalCounsels consists of proven experts. The lawyers are examined and are only invited to submit offers in certain specialist areas. Your request will also be reviewed by a lawyer to ensure that the right lawyers are invited to submit an offer.
When looking for the right lawyer, it can help to ask questions about previous employers. The largest law firms attract the best law students. If you see a big name on your resume, it is probably a sign that this candidate is a good option, but not a guarantee of good and cheap performance.
With the title “Fachanwalt SAV/Fachanwältin SAV”, the Swiss Bar Association guarantees well-founded and specialised further training. After obtaining the title, specialist lawyers are also obliged to undergo further training, which is regularly reviewed.
In complex legal matters, clients benefit greatly from the increased competence, because thanks to his special knowledge, the specialist lawyer can often implement the client’s specifications more quickly and effectively.
Lawyers are businessmen. They will not refuse an assignment that they cannot execute. This improves turnover and the client base. However, this does not mean that they are qualified to advise on your family law concerns. Testimonials can give you insight into previous orders and customer satisfaction. This will tell you in which specialist areas the lawyer has already been successfully active. If the lawyer doesn’t have the expertise you expect, then you’d better keep looking.
For legal support by a lawyer, different price options are often offered, such as hourly rates with cost ceiling, fixed prices or an open account. Long contracts or complex matters that require more time cost more. Remember that a high price does not always mean that you will get better performance. But don’t be afraid to choose a mandate with a high cost estimate.
How much does a lawyer cost for divorce?
Our service is free of charge for you and every enquiry to digitalCounsels is non-binding. This means that you only incur costs once you have accepted an offer from a lawyer. You have full cost control at all times, even after the mandate has expired, and can view all of your lawyer’s activities on an ongoing basis.
The lawyer’s fee varies depending on the scope and complexity of the mandate, the lawyer’s fees and the desired processing time. Some lawyers can offer you advice starting at CHF 220.- per hour.
We are aware that your situation is unique. That’s why digitalCounsels provides you with offers from selected lawyers tailored to your needs. Choose the offer that best suits you and your budget.
The questions and measures to be taken in connection with a divorce are manifold and complex. Find the answers to the most important questions here.
Anyone wishing to divorce must apply to the court and file an application. The divorce can be applied for at the joint request of the spouses or unilaterally by the wife or husband.
For divorce, apply to the competent civil court in the canton of residence of the woman or man. The courts are organised differently depending on the canton. If you are not sure, contact a cantonal court authority or a lawyer to find out which court you must contact. Please note: If you are a foreigner and wish to divorce a unilateral foreigner, the divorce can only be filed at your place of residence if you have been living in Switzerland for at least one year. Otherwise, the petition must be filed at your spouse’s place of residence.
Marriage – matrimonial property regime: The matrimonial property regime determines who owns what during the marriage and how assets and debts are divided in the event of divorce or death. In Switzerland, there are three different matrimonial property regimes: the “acquis communautaire”, the “community of property” and the “separation of property”.
Achievement participation / joint profit participation
Unless otherwise agreed by the couple, the ordinary matrimonial property regime of the so-called “Achievement Participation” applies:
You and your spouse have separate assets.
You remain the owner of the property, i.e. the property you bring into the marriage, which you inherit or receive as a personal gift during the marriage. You also manage it separately.
The savings made during the marriage (“achievement”, e.g. salary, interest, pension contributions) are used and administered by the spouses independently of each other.
In the event of dissolution of the matrimonial property regime (divorce, death, new matrimonial property regime), the achievement is divided equally between the spouses.
In principle, the spouse is liable only for his or her own debts and with all of his or her assets, unless the spouse agreed to the obligation or the expenses were for daily needs.
Community of property
You must conclude a marriage contract for this matrimonial property regime. During the marriage, there are three categories of property, so-called masses of property:
those of the spouse (own property)
those of the spouse (own property)
those which belong to both (common property)
The joint property includes the property and income of the spouses with the exception of property which is owned by law (personal property) or by marriage contract. It belongs to both in its entirety, is administered jointly by the spouses and, in the event of dissolution of the matrimonial property regime, is divided between wife and husband.
Depending on the type of debt, the wife or husband is liable only for half of the total property and with her or his own property or with the total property and her or his own property. Particularly in the case of debts incurred for everyday needs, liability is assumed for the entire common property and the property itself.
Separation of property
In the separation of property there are no common goods or debts. Wife and husband remain owners of their own property and administer it themselves. Accordingly, there is no division at the end of the marriage. The separation of property can be determined by the spouses in a marriage contract. A marriage contract must be notarised by a notary.
A property law dispute takes place during:
Divorce or separation,
Death of a spouse,
Agreement on another matrimonial property regime,
Invalidation of the marriage.
In a property dispute, the assets brought into the marriage or purchased during the marriage (furniture, real estate, money, securities) are divided between the two spouses. If debts exist, it must be clarified and recorded who will take them over.
If the wife or husband changed her name at the time of marriage, she or he can accept the single name again at any time after the divorce. A declaration to the civil registry office is sufficient.
The divorce of the parents has no effect on the name of the children. The child’s name can only be changed by requesting a change of name if there are good reasons for doing so.
The divorce court regulates the rights and duties of the parents, in particular parental custody as well as care, personal relations or the care shares as well as the maintenance contribution. Joint parental custody is the rule. Sole custody will only be granted to the mother or father in specially indicated cases. The welfare of the child is in the foreground. If the child’s interests have to be specially protected, the court only awards custody to one parent. In the event of a significant change in the circumstances, the allocation of parental custody can be regulated anew. If the parents agree, the Child and Adult Protection Authority (KESB) has jurisdiction; if the parents disagree, the court has jurisdiction.
After the divorce, you and your former spouse must in principle pay your own alimony.
Depending on how long the marriage lasted and how you shared the responsibilities, age, health, vocational training, employment prospects and financial capacity of the spouses, you may be entitled to financial support from the other spouse for at least some time.
The court decides on the amount of the maintenance pension. The financial circumstances are decisive:
Salary of spouses: how much is available to everyone (the minimum subsistence level of the breadwinner is not interfered with),
financial needs: Costs for accommodation, health insurance, food, clothes, etc.
They or the court draw up an agreement, which must be examined and approved by the judge.
Even after the divorce, parents are still obliged to pay for the upkeep of their children; at least until they reach the age of majority, or until they have completed their initial education, which enables them to enter professional life.
The maintenance should correspond to the needs of the child, whereby also here into the subsistence minimum of the maintenance-liable person may not be interfered. The court determines the amount of the maintenance payment.
The living conditions are taken into account:
If the child lives mainly with you, then you make a contribution to the child’s maintenance, in particular through upbringing.
If the child does not live with you, you must pay monthly maintenance contributions if your income is above the subsistence level. When calculating the maintenance contribution, however, your childcare contribution is also taken into account.
The lawyer or the judicial authority can inform you how the maintenance contribution is calculated.
If the spouse who has to pay maintenance does not fulfil his or her obligation, the other spouse has various options at his or her disposal:
The cantons are obliged to offer collection assistance free of charge for child alimony. In addition, all cantons advance child alimimonies under certain conditions.
Under certain conditions, you have the option of applying to the competent civil court for a so-called debtor order. The underpayment will then be deducted directly from your salary and paid to you.
For maintenance payments already owed, you can initiate debt collection at the debt collection office at the debtor’s place of residence.
You can initiate criminal proceedings to punish the debtor who – although he would be in a position to do so – does not fulfil his payment obligation.