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Divorce and Family Law
Separation and divorce are accompanied by a variety of psychological and emotional experiences. Individuals who want to get divorced in Switzerland should have a basic knowledge of the divorce proceedings that apply. In this way, a basic knowledge of the law on divorce will help you to shed more light on your individual situation and thus to take the necessary steps in the right direction. Since the complexity of the legal situation makes it difficult for the non-expert to maintain an overview, it is highly recommended to first consult a qualified attorney.
Divorce is permissible upon joint request. Furthermore, the new law provides that after a period of four years of living apart, either spouse may unilaterally request a divorce by filing a request before a court. In blatant cases, i.e. if the continuation of the marriage cannot be deemed reasonable for one spouse due to serious reasons that cannot be attributed to him or her, the immediate dissolution of the marriage by means of a lawsuit is also possible.
The entitlement to postmarital support now no longer depends on guilt and blamelessness, but on objective criteria such as the sharing of duties during the marriage, the duration of the marriage, the age and health of the spouses, income and assets, as well as other objective requirements. For pension and occupational benefits, the rule is that the benefits accrued during the marriage from an occupational benefits institution are divided equally, irrespective of the marital property status of the spouses and irrespective of the reason for the breakdown of the marriage.
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