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Family law – legal support in sensitive life situations
Family law regulates the legal relationships within the family – in particular between spouses, parents, children and other close relatives. It forms the legal basis for important stages in life such as marriage, birth, separation or divorce and is primarily used when family changes need to be legally organized. Cohabitation without marriage (cohabitation) also frequently raises legal questions. In these often emotionally stressful moments, it is crucial to know your own rights and obligations and to find solutions that are in the best interests of the child and the interests of all parties involved.
Spühler Rechtsanwälte AG advises and supports you competently in all areas of family law. We also support you in related areas such as inheritance law and in the drafting and legal review of marriage and inheritance contracts.
Our goal is always a clear legal clarification and, where possible, an amicable solution in the interests of all parties involved.
Below you will find an overview of our services in connection with family law.
Matrimonial proceedings
Various legal problems can arise when a marriage is dissolved. At the latest when one spouse moves out, the circumstances of a separation must be rearranged. Who gets the apartment? How much maintenance is to be paid (alimony)? Who will take care of the children? The separation of the spouses is regulated in court marriage protection proceedings.
Matrimonial protection proceedings are often the first legal step after a separation and create clear conditions for the transitional period until the divorce.
Divorce
A separation phase is usually followed by a final divorce, which dissolves the marriage. This may be desired by both partners or, in certain cases, must be enforced unilaterally. Numerous legal aspects need to be settled as part of the divorce, including the division of marital assets, occupational pension issues (division of pension fund entitlements), maintenance contributions, the allocation of the home and, in particular, the settlement of children’s issues (custody, care, support and visiting rights).
In Switzerland, a divorce is always pronounced by a civil court. Depending on the complexity and agreement, the process can take different lengths of time. Amicable divorces with a regulated convention can often be concluded within a few months, while contested proceedings can take considerably longer.
However, a divorce does not necessarily have to result in a lengthy legal dispute. The attorneys at Spühler Rechtsanwälte AG will support you in asserting your rights, working out viable agreements and, where possible, finding an amicable solution that minimizes the burden on all parties involved, especially the children.
Paternity / child matters outside the marriage
Outside of a marriage, the focus is often on the legal recognition or establishment of paternity, the regulation of parental custody, the custody of the child and maintenance obligations. Paternity can be clarified through voluntary acknowledgement or through a judicial determination procedure. As a rule, a DNA expert opinion is ordered.
Child and adult protection law
The aim of child and adult protection law is to protect people who are unable or only partially able to care for themselves or to seek help in good time. These include, in particular, underage children and adults with mental or psychological impairments or addictions.
In Switzerland, the Child and Adult Protection Authority (KESB) is responsible for ordering such protective measures. Possible measures include guardianship, restrictions on capacity to act or measures relating to the determination of residence, asset management or personal care. In the area of children, the KESB can also restrict parental rights or regulate visiting rights.
It is not uncommon for those affected or their relatives to experience KESB decisions as drastic or inappropriate. Spühler Rechtsanwälte AG is at your side if you wish to defend yourself against official measures – especially in matters concerning children. We advise you on your legal options and represent you in proceedings before the KESB and in appeal proceedings before the courts.
Before marriage – make smart provisions, design together
When you get married, you are not only making a personal decision, but also establishing a legally binding partnership. Many future married couples pay little attention to the legal consequences of marriage, often out of ignorance and sometimes out of reluctance. Yet it is precisely the time before marriage that offers the opportunity to discuss legal and financial issues openly together and to make binding arrangements.
Advice from a lawyer at an early stage provides clarity: What impact will the marriage have on my assets? What happens to a property or business that belongs to only one partner? How can I ensure that my children from a previous relationship are also protected in old age or in the event of inheritance? In the event of my death, how can I best favor my partner vis-à-vis my children so that they can finance their living expenses?
Spühler Rechtsanwälte AG supports you in drawing up marriage and inheritance contracts to protect you in the event of divorce or death. We also offer assistance in obtaining entry and residence permits (family reunification) in international constellations.
A legal provision based on partnership creates trust, protects in the event of an emergency and lays the foundation for a stable future together.
Inheritance law / estate planning
The estate should not be settled in old age or in the event of illness. Forward-looking estate planning helps to avoid conflicts between heirs, create clear relationships and implement individual wishes.
Spühler Rechtsanwälte AG supports you in all matters of inheritance law: from the drafting of a will or marriage and inheritance contract to the examination of compulsory portions and succession planning in family businesses. We also assume the function of executor and assist you with the division of the estate.
FAQ – Frequently asked questions about family law
Marriage has far-reaching legal and financial consequences. Without a marriage contract, the ordinary matrimonial property regime of participation in accrued gains automatically applies, which means that in the event of a divorce, assets acquired during the marriage are divided. Legal advice provides clarity about rights, obligations and pension options.
Parental custody includes the right to decide on important matters concerning the child (e.g. school, medical treatment). Custody concerns everyday life: it regulates which parent the child mainly lives with. Custody can be arranged with one parent or alternately.
Parental custody includes the right to decide on important matters concerning the child (e.g. school, medical treatment). Custody concerns everyday life: it regulates which parent the child mainly lives with. Custody can be arranged with one parent or alternately.