Lawyers in Family Law
Family law
The lawyers at MWR Avocats have extensive professional experience and specific knowledge in family law. They will assist you in all steps and help you to manage these sometimes difficult situations.
Family law
In its traditional sense, family law governs the personal and property relations between people who are related by marriage and kinship.
Nowadays, however, it would be more accurate to speak of "family law", as the concept of family has evolved considerably. Indeed, the questions that arise today also concern cohabitants, single-parent families, blended families and rainbow families.
Although our clients consult us mainly in the context of divorce or separation, this field also includes issues related to filiation, such as the recognition of a child or its contestation, the disavowal of paternity, adoption, including that of a spouse's/partner's child, surrogate motherhood (GPA) and medically assisted procreation (PMA)
Separation or divorce
Our lawyers can assist you in the following areas: maintenance proceedings, determination of personal relationships, measures to protect the marital union, divorce by joint petition (with full or partial agreement) or by unilateral petition, proceedings to supplement a divorce granted abroad, for example to obtain the division of pension assets (division of the 2nd pillar).
Using a lawyer does not always mean conflict. We can also help you reach an agreement and/or conduct negotiations with the other party, if you wish.
Convinced that an agreement is often the best solution, we do our utmost not to create or inflame tensions, while defending your interests.
Children and parent(s)
There are many issues related to children, including filiation (recognition, adoption, denial of paternity, etc.), parental authority, de facto custody, visitation rights, maintenance (alimony), moving abroad with a child, child abduction and family reunification applications.
They can arise during the life together, outside of marriage, during a separation, a divorce and even outside of any relationship.
Specific questions may also arise when the child reaches the age of majority, but is not independent (child of majority). This implies certain changes concerning the child's rights, as well as his or her representation in legal proceedings.
Lawyers specialized in family law
Listening and supporting you
Thanks to their experience in this field, our lawyers are aware of the emotional aspect that surrounds family issues, especially during a separation or divorce. Although our support is essentially legal, our lawyers are available to listen to you in order to better understand your situation and propose pragmatic solutions. and propose pragmatic solutions.
A personalized approach
We believe that in family law, each situation is different and requires solutions adapted to your needs. Our lawyers offer you personalized support, whether it is simply to answer your questions or to draft an agreement (maintenance and/or parental rights, divorce agreement), a petition for protective measures for the marital union, a joint petition or unilateral divorce application, etc.
The procedure and the hearing
A court hearing is a step that parties often dread. When a hearing is necessary, our lawyers will explain the process and and accompany you, if you wish.
It is important to specify that administrative divorce does not exist in Switzerland. Even an amicable divorce implies, at least, a hearing at the Court. The same applies to procedures for protective measures of the marital union.
Many websites offer what some call " online divorce ". These services do not allow, strictly speaking, to divorce online, nor to avoid the hearing. In principle, these platforms prepare the documents to be sent to the Court so that you can then go alone to the hearing.
FAQ
Family Law Issues
Before you get married, you will have to decide whether you want to adopt the regime of separation of property or community of property. A marriage contract will then be necessary and you will have to contact a notary. If there is no marriage contract, you will be subject to the regime of participation in acquests.
During the marriage, the matrimonial regime can be modified for the future, either according to the will of the spouses under certain conditions, or by law, depending on the circumstances.
The lawyers of the firm are at your disposal to advise you and help you make these decisions.
If both parents agree, it is sufficient to complete a declaration of joint parental authority at the time of the child's recognition or to send it later to the Adult and Child Protection Tribunal (TPAE).
In case of disagreement, the parent who does not have parental authority will have to start a procedure at the TPAE in order to request it.
Please note that the recognition of the child does not automatically confer joint parental authority.
Our lawyers can advise or represent you in case of litigation on these issues, as well as in matters of custody, visitation rights, moving abroad, or even child abduction.
If you and your spouse have been separated for more than 2 years (no longer living together), you can still apply to the Court for a unilateral divorce.
However, if you have not been separated for two years, the judge cannot grant a divorce, subject to certain exceptions. However, you can request protective measures for the marital union (MPUC).
Our attorneys will answer your questions and assist you in these proceedings, whether it is a divorce or protective measures for the marital union.
Under Swiss law, the calculation of contributions (alimony) in favor of the child or spouse is not based on a percentage of income.
The calculation method used takes into account, among other things, the income of the parties and their expenses. The question of imputing hypothetical income may also arise.
In some cases, the payment of such a contribution is not justified or not possible.
Our lawyers can help you determine whether a contribution is justified and/or possible. If necessary, they can also calculate the amount of the contribution. This assistance can be provided both in the context of settlement discussions and in court proceedings.
If the maintenance contribution has been fixed by a court (by judgment or by ratification of an agreement), you can in principle contact the cantonal service for the advance and recovery of maintenance payments (SCARPA). You can also initiate legal proceedings yourself, or even consider a criminal complaint, but this will depend on the situation.
If you fail to do so, you must take steps to have a maintenance contribution determined by the court.
Our lawyers can assist you in the collection of maintenance contributions as well as in all steps to obtain a maintenance contribution (alimony).
If the maintenance contribution has been fixed by a court (by judgment or by ratification of an agreement), it is preferable to ask for a modification of the judgment. If you do not take any steps, you run the risk of being sued by the contribution creditor.
A change in your financial or family situation does not always allow for such a change. It is always necessary to find out and act quickly if a change is warranted.
Our lawyers will be able to help you determine whether this is necessary and, if so, to accompany you in this process.
Parents and children have a mutual right to maintain personal relations. When parents separate, divorce or are already living apart, they may decide on the arrangements for de facto custody (alternating custody, joint custody, sole custody) or access, provided that their decision is in the best interests of the child.
If the parents are unable to reach an agreement on these issues, each of them may apply, depending on the situation, to either the Court of Adult and Child Protection or the Court of First Instance.
Our lawyers will be able to guide you in these steps or undertake them for you if you wish.
In Swiss law, common-law unions (cohabitation) are not subject to specific regulations.
Questions related to children (maintenance and/or personal relations) may arise in the event of separation, as well as the question of the liquidation of property relations between cohabitants. These issues can obviously be settled amicably, in accordance with certain principles.
In the event of disagreement, if proceedings are necessary, the situation of the children will be examined in the light of the provisions of the Civil Code concerning the effects of filiation. With regard to property issues, if certain conditions are met, the court will apply the rules relating to the liquidation of a simple partnership.
Our lawyers are at your disposal to advise and represent you in these proceedings.
Our family law lawyers
Carole Revelo
