Family law
Separation, divorce, maintenance and children
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.
Family law covers both life as a couple (marriage, registered partnership, cohabitation), its end (separation, divorce, dissolution) and all matters relating to children (parental authority, custody, visitation rights, maintenance contributions). Every situation is unique: the lawyer will advise you on the options available, at a fixed fee for the first consultation.
Separation
… or how to organise the separate life without (yet) divorcing
The MPUC are also the right tool when only one spouse wishes to divorce: the two-year period required for a unilateral divorce runs from the effective separation, irrespective of any court decision, and must have elapsed when the petition is filed (art. 114 SCC); the MPUC make it possible to organise this period and to establish its starting date.
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 (new tab). 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 online (new tab).
What to do in case of domestic violence?
In case of domestic or family violence
- Emergency: 117 (police)
- Victim support: 142 — aide-aux-victimes.ch (new tab)
- AVVEC (formerly Solidarité Femmes Geneva): 022 797 10 10 — avvec.ch (new tab)
How long do MPUC last?
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 or direct divorce: which to choose?
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.
Divorce
Amicable or unilateral
During unilateral divorce proceedings, the judge may order provisional measures (the procedural equivalent of MPUC) to regulate custody, housing and maintenance until the divorce is pronounced.
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 (new tab). 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 (new tab): 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 (new tab), 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 online (new tab).
How long do divorce proceedings take?
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.
What happens to the 2nd pillar (LPP) after divorce?
In principle, the occupational pension assets accumulated during the marriage are split in half between the spouses (art. 122 SCC (new tab)), even if one spouse did not work during the marriage. Exceptions are possible in particular cases (equity clause, manifestly inequitable split).
Is legal representation by a lawyer required?
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.
Maintenance payments
Providing for the family
Between cohabitants, there is no statutory maintenance obligation: neither during cohabitation, nor after separation. Only the maintenance obligation owed to the common child applies.
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 (new tab): 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.
The amount of child support will depend on several factors: the net maintenance cost of the child, the financial capacity of both parents, and the custody arrangements in place. For example, in the case of every-other-weekend custody, courts generally consider that only one parent needs to bear the child’s net maintenance cost, since the other parent provides care “in kind”. In the case of equal shared custody (equal number of care days), the net cost is shared between the parents in proportion to their respective financial means, generally pro rata. If neither the care nor the financial capacity is equal between the parents, courts apply a distribution matrix. The calculators below can provide an estimate in this regard.
Examples from recent case law
The three examples below use the figures of Federal Supreme Court judgments (in French). They concern married or divorced parents: for unmarried parents, the child’s share of the surplus is calculated differently. A complete example of custody with one parent, including a care contribution, is on the Divorce page.
Example 1: shared custody, each according to their means
Shared custody
Federal Supreme Court, judgment 5A_645/2022 (new tab) of 5 July 2023 (divorce): a son in equal shared custody; amount left after subsistence minimum: father 5'295.–, mother 3'320.–, i.e. a 60% / 40% split
| Operation± | Description | Amount (CHF) |
|---|---|---|
| Father’s share of the son’s direct costs (60% of 1'605.–) | 963.00 | |
| − | Half of the monthly base, paid by the father during his week | 300.00 |
| − | Son’s housing share at the father’s home | 225.00 |
| + | Half of the share of surplus borne by the father (60% of 800.– ÷ 2) | 240.00 |
| − | Half of the share of surplus borne by the mother (40% of 800.– ÷ 2) | 160.00 |
| = | Contribution owed by the father (rounded to 520.–) | 518.00 |
Each parent pays the child’s day-to-day expenses during his or her week. The parent with the greater financial capacity pays the other the difference, so that each bears his or her share of the costs (here 60/40). The child’s share of the surplus was set on equitable grounds at 800.–; since the child lives half the time with each parent, each pays only half of it and only the difference is paid (240.– − 160.– = 80.–). The father also paid support for his elder daughter, deducted before the calculation.
Example 2: care contribution and gradual return to work
Care contribution
Federal Supreme Court, judgment 5A_582/2020 (new tab) of 7 October 2021 (Geneva case): a girl born in 2009 in her mother’s custody; the mother is expected to work 50% during primary school, 80% at lower secondary school and 100% from the child’s 16th birthday
| Period | Direct costs + care | Support |
|---|---|---|
| Primary school (mother at 50%, income 2'380.–) | 250.– + 1'790.– | 2'040.– |
| Lower secondary school (80%, income 3'800.–) | 250.– + 60.– | 310.– |
| From age 16 (100%, income 4'760.–) | 700.– + 0.– | 700.– |
The care contribution covers the part of the mother’s subsistence minimum (4'170.–, then 3'860.–) that she cannot cover herself because she looks after the child. It decreases as the mother works more, then ends. Direct costs are net of family allowances; they increase from age 16. The father, whose income was sufficient, pays the whole amount.
Example 3: insufficient income and shortfall
The paying parent’s subsistence minimum is protected
Federal Supreme Court, judgment 5A_314/2022 (new tab) of 15 May 2023 (canton of Fribourg): a 15-year-old son in his mother’s custody; the father is unemployed
| Operation± | Description | Amount (CHF) |
|---|---|---|
| Father’s unemployment benefits | 3'180.00 | |
| − | Father’s subsistence minimum (base 1'200.–, rent and charges 1'276.–, health insurance and medical costs 300.–, insurance 31.–) | 2'807.00 |
| = | Amount left to the father | 373.00 |
| Child’s needs, net of family allowances | 750.00 | |
| − | Support set (amount left, rounded) | 370.00 |
| = | Shortfall, stated in the judgment | 380.00 |
The paying parent’s subsistence minimum is protected: the support cannot exceed what he or she has left. The judgment must then state the amount missing to cover the child’s appropriate support (art. 301a(c) CPC (new tab)); if the father’s situation later improves exceptionally, the child may claim these amounts for the last five years (art. 286a CC (new tab)). From July 2022, the court imputed to the father a hypothetical income of 3'800.– (his former salary): the support rose to 750.– and covers all the child’s needs.
The calculator shows this shortfall when the contribution is limited by the paying parent’s subsistence minimum. To reproduce this judgment, choose manual entry of the surplus, with no share of surplus: the court did not award one, given the father’s small balance.
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 (new tab): 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 online (new tab).
Can maintenance be modified later?
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 (new tab); for spousal maintenance, art. 129 SCC (new tab). Modification requires a new judicial decision or an approved agreement.
What to do if maintenance is not paid?
In Geneva, the SCARPA (Cantonal Service for Advances and Recovery of Maintenance Payments) helps creditors recover unpaid maintenance free of charge, whether it is owed to a child or to a (former) spouse. It can also advance the maintenance, subject to income limits, if the creditor has been domiciled in the canton for at least one year: advances are capped and paid for 36 months at most, exceptionally 48 (art. 2 and 5 to 8 LARPA). Debt collection proceedings and, where applicable, a criminal complaint for non-payment of maintenance (art. 217 CP (Criminal Code) (new tab)) are also possible.
Until what age is a child entitled to maintenance?
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 (new tab)).
Children: custody and visitation
Ensuring the child’s relationship with both parents
Visitation rights and the payment of maintenance are legally independent: a parent may not suspend visitation because maintenance is unpaid, nor the other way round. In case of difficulty, the competent authority must be petitioned (judge, child protection authority).
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 (new tab), 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 (new tab). 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 online (new tab).
Can the child choose which parent to live with?
Not formally, but the child’s opinion is taken into account according to age and maturity. The child is heard in person, in an appropriate manner, by the judge or the protection authority, or by a specialist appointed for that purpose, unless this is inappropriate because of the child’s age or for other good cause (art. 298 CPC (new tab); art. 314a SCC (new tab)). According to Federal Supreme Court case law, the hearing takes place in principle from the age of 6 (BGE 131 III 553). 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.
Can a parent move with the child?
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 (new tab)). Moving without such consent exposes the parent to sanctions (change of custody, even prosecution for child abduction).
What to do if the other parent does not respect visitation rights?
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). Under criminal law, the right of access is not protected as such by the offence of child abduction: a parent who obstructs contact is liable to a fine for contempt of official orders if the decision setting the contact was issued under threat of the penalty in art. 292 CP (Criminal Code) (new tab), which can be requested from the judge; a parent who fails to bring the child back, or removes the child from their place of residence without right, may on the other hand commit child abduction (art. 220 CP (new tab)).
Contact
Me Jean-Philippe Anthonioz is available by appointment only.
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 (new tab).
By tram: nos 14, 15, 17 and 18, “Stand” stop
By bus: nos 1 and 80, “Stand” stop
By car: Tribune de Genève car park (square du Stand) or paid parking on rue Jean‑Petitot
The law office (VS Avocats) is on the 4th floor.
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