Question 1

What is the difference between separation and divorce?

Accepted Answer

In the event of a separation, the spouses remain married and their rights continue to exist. A divorce dissolves the marriage and regulates all legal aspects.

Question 2

When is a divorce possible?

Accepted Answer

With mutual consent, a divorce is possible at any time. Without consent, after two years of separation.

Question 3

How long does a divorce process take?

Accepted Answer

Between a few months and several years, depending on whether contentious issues need to be decided in court.

Question 4

What is cohabitation?

Accepted Answer

Cohabitation describes a relationship between a couple who live together but are not married or in a registered partnership. Cohabitation is not specifically regulated by law in Switzerland, as is the case with marriage or a registered partnership.

Question 5

How is spousal support calculated? (without children)

Accepted Answer

Alimony is based on the subsistence level or basic needs, including distribution of surpluses, and largely on the income situation of the spouses.

Question 6

What does parental care and custody mean?

Accepted Answer

Parental care includes important decisions in the child's life. Custody concerns the day-to-day care aspect.

Question 7

What is meant by sole or alternating custody?

Accepted Answer

With sole custody, the child lives with one parent and the other has visitation rights. Alternating custody means that the child lives with both parents in turn.

Question 8

What is care sharing?

Accepted Answer

In the case of alternating custody, it regulates when and how often the child is cared for by each parent.

Question 9

What is the difference between cash alimony and childcare support?

Accepted Answer

Cash alimony covers direct child costs such as food. Childcare support compensates for the loss of income of the caring parent.

Question 10

How is pension compensation regulated in the event of divorce?

Accepted Answer

The pension fund assets acquired during the marriage are divided in half.

Question 11

What property regimes exist in Switzerland?

Accepted Answer

The ordinary matrimonial property regime is participation in acquired property. Alternatively, spouses can agree on community of property or separation of property.

Question 12

What does separation of property mean?

Accepted Answer

There is no joint property or debt. Each spouse retains the assets acquired during the marriage.

Question 13

Are cohabiting partners entitled to maintenance?

Accepted Answer

No, but joint children have the same right to alimony as children of married parents.

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