Family law
Separation, divorce, maintenance and children
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Are you going through a separation, considering a divorce, or in disagreement about maintenance payments or the custody of your children? This page presents, in plain language, the main situations encountered under Swiss family law and the first practical steps to take. For personalised advice, please book an appointment.
Table of contents
Last update: 26.04.2026
Separation
... or how to organise the separate life without (yet) divorcing
When living together becomes impossible, an immediate divorce is not always necessary (or desirable). The judge can be petitioned for marital protection measures (in French mesures protectrices de l'union conjugale, abbreviated MPUC) in order to organise the spouses' separate life: who is granted use of the marital home, who has provisional custody of the children, what is the amount of the maintenance due from one to the other, what separation of property regime is ordered, etc.
The MPUC are governed by art. 172 et seq. of the Swiss Civil Code . They may be requested by either spouse alone, without the other's consent. They remain in force until they are modified by the judge or replaced by a divorce judgment.
In the event of a separation, to examine together your options and the relevance of marital protection measures, you may book an appointment by phone or an online appointment .
Marital protection measures remain in force as long as they are not modified: either by a new judicial decision (e.g., in case of a significant change in circumstances), or by a divorce judgment that replaces them. In practice, some families live for several years under MPUC without ever divorcing.
MPUC are an organisational measure that does not dissolve the marriage. They may be requested by a single spouse, without the consent of the other, and the procedure is generally faster. Divorce ends the marriage: it requires either the agreement of both spouses (amicable divorce) or two years of effective separation (unilateral divorce). In case of doubt, MPUC often offer a “first step” that leaves the door open to possible reconciliation.
What to do in case of domestic violence?
How long do MPUC last?
MPUC or direct divorce: which to choose?
Divorce
Amicable or unilateral
Divorce only applies to married couples (and, since 1 July 2022, to same-sex couples who are married or in a converted registered partnership). If you are not married, please refer instead to the section on children or the section on maintenance, which also apply to unmarried couples.
Amicable divorce (joint petition)
When both spouses agree on the principle of divorce and on all its terms (housing, maintenance, children, division of assets, pension), they may petition the judge by means of a joint petition, accompanied by a complete divorce agreement. The legal basis is art. 111 of the Swiss Civil Code . The judge hears the spouses, verifies the free will of each and the conformity of the agreement with the law, and then pronounces the divorce.
The lawyer offers a fixed fee of CHF 600.– (VAT included) for an uncomplicated amicable divorce: first appointment, drafting of the joint petition and agreement, follow-up of the proceedings.
See the page dedicated to the amicable divorce package
Unilateral divorce
If one spouse refuses to divorce, the other may still petition the judge, but under stricter conditions. The main route is set out in art. 114 SCC : divorce may be requested after the spouses have lived separately for at least two years. During this period, the MPUC provisionally regulate the situation (housing, custody, maintenance).
Before this two-year period has elapsed, divorce remains exceptionally possible under art. 115 SCC , when serious grounds (not attributable to the petitioning spouse) make the continuation of the marriage unbearable. This is a narrow path that requires a case-by-case analysis.
In a divorce situation, whether amicable or unilateral, you may book an appointment by phone or an online appointment .
An uncomplicated amicable divorce generally takes a few months (3 to 6 months) between the filing of the joint petition and the pronouncement of the judgment. A unilateral divorce is significantly longer: count on 1 to 3 years, depending on complexity (children, real estate, pension, persistent disagreement), not including the prior two-year period of effective separation.
In principle, the occupational pension assets accumulated during the marriage are split in half between the spouses (art. 122 SCC ), even if one spouse did not work during the marriage. Exceptions are possible in particular cases (equity clause, manifestly inequitable split).
Legal representation by a lawyer is not mandatory before the Court of First Instance in divorce matters. However, given that the consequences of divorce (maintenance, pension, children, division of property) are lasting and largely irrevocable, the assistance of a lawyer remains strongly recommended — in particular to draft a balanced agreement or to assess whether a unilateral divorce has a reasonable chance of success.
How long do divorce proceedings take?
What happens to the 2nd pillar (LPP) after divorce?
Is legal representation by a lawyer required?
Maintenance payments
Providing for the family
The term “maintenance” in fact covers two clearly distinct obligations, governed by different rules: child maintenance (owed to the child) and spousal maintenance (owed to the spouse or former spouse). It is essential not to confuse them.
Child support
Child maintenance is governed by art. 276 SCC : it is provided through care, upbringing and monetary contributions. Both parents contribute each according to their means, regardless of whether they are married, separated, divorced or unmarried.
Since 2017, the maintenance contribution also includes a care contribution (in French contribution de prise en charge): it compensates for the loss of income of the parent who looks after the child on a primary basis and who therefore cannot work full-time.
Spousal support (between (former) spouses)
During separation, spousal maintenance is set within the framework of the MPUC or provisional measures. After divorce, it is governed by art. 125 SCC : if a spouse cannot reasonably be expected to provide for their own appropriate maintenance (including for old-age provision), the other spouse owes them an equitable contribution.
The judge takes into account in particular the division of tasks during the marriage, the duration of the marriage, the standard of living of the spouses, their age, their state of health, their income and assets, the extent and duration of the care of the children still required, and the professional prospects of each spouse.
For any question on maintenance payments (child or (former) spouse), to obtain a personalised calculation, you may book an appointment by phone or an online appointment .
Yes. Maintenance may be modified in case of a significant and lasting change in circumstances (loss of employment, salary change, birth of a new child, retirement, etc.). For child maintenance, the basis is art. 286 SCC ; for spousal maintenance, art. 129 SCC . Modification requires a new judicial decision or an approved agreement.
In Geneva, the SCARPA (Cantonal Service for Advances and Recovery of Maintenance Payments) can advance the maintenance due to the child and then take charge of recovering it from the debtor parent. Debt collection proceedings and, where applicable, a criminal complaint for non-payment of maintenance (art. 217 SCC (criminal) ) are also possible.
In principle, until majority (18 years). However, if the child has not yet completed an appropriate education at the age of majority (apprenticeship, studies), the maintenance obligation continues for as long as it can reasonably be required of the parents and the education is followed seriously and successfully (art. 277 para. 2 SCC ).
Can maintenance be modified later?
What to do if maintenance is not paid?
Until what age is a child entitled to maintenance?
Children: custody and visitation
Ensuring the child's relationship with both parents
Since 2014, joint parental authority has been the rule, even after a separation or divorce. This means that important decisions regarding the child (health, education, religion, travel abroad) must be taken by mutual agreement. Custody — that is, where the child actually lives — and visitation rights are separate questions, to be settled independently.
Shared custody
Shared custody consists in dividing equally, or substantially equally, the time the child spends with each parent. According to art. 298 para. 2ter SCC , when parental authority is exercised jointly, the judge examines the possibility of shared custody in the best interests of the child, as soon as it is requested by either parent or by the child.
The judge takes into account in particular the geographical proximity of the parents' homes, the parenting capacity of each, the stability provided to the child, the age of the child and their opinion (depending on maturity), as well as the parents' ability to communicate and cooperate.
Visitation rights (personal relations)
When custody is granted primarily to one parent, the other retains a right to personal relations with the child, based on art. 273 SCC . This right is reciprocal: it belongs as much to the parent as to the child.
In Geneva, the usual — but purely indicative — framework is every other weekend and half of the school holidays, sometimes supplemented by an evening during the week. These arrangements may be adjusted depending on the age of the child, geographical distance, work commitments or any other relevant element. Visitation rights may be restricted, suspended or supervised (supervised visits, « point‑rencontre ») when the welfare of the child so requires.
In case of disagreement about custody, visitation or parental authority, you may book an appointment by phone or an online appointment .
Not formally, but the child's opinion is taken into account according to age and maturity. The judge or the protection authority may hear the child, in principle from around the age of 6, in an adapted hearing. The final decision belongs to the judge, in the best interests of the child: the child's wishes are not decisive in themselves, especially for young children who may be influenced by one or the other parent.
When parental authority is exercised jointly, a move within Switzerland that significantly changes the way parental authority is exercised (e.g., moving to the other end of the country), and any move abroad, require the consent of the other parent or, failing that, a court decision (art. 301a SCC ). Moving without such consent exposes the parent to sanctions (change of custody, even prosecution for child abduction).
It is possible to petition the civil judge or the Adult and Child Protection Court (TPAE in Geneva) to obtain measures (formal warning, mediation, modification of arrangements, or even, in serious cases, change of custody). The persistent and unjustified refusal to hand over the child may also constitute the offence of child abduction (art. 220 SCC (criminal) ).
Can the child choose which parent to live with?
Can a parent move with the child?
What to do if the other parent does not respect visitation rights?
Contact
If you require further advice, please do not hesitate to contact the office secretary by phone to arrange an appointment for a fixed fee consultation. You can also reach the office using the contact details provided below. Additionally, you may book an appointment online
Phone Phone
Tel.: 022 707 99 11
9am-12pm & 2pm to 5pm, Monday to Friday.
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By tram: num. 14 and 15, “Stand” stop
By bus: num. 1 and D, “Stand” stop
By car: paid parking at rue Jean-Petitot
The law office (VS Avocats) is on the 4th floor.
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