Family Law
Marriage, marriage contract, concubinage, divorce
Legal issues arise not only in day-to-day business, but also in the domain of private life. This is why we also advise and support our clients with regard to family law matters, always attempting to approach these challenges with individual, practical and human solutions. We support our clients in the structuring of prenuptial agreements, marriage and the regulation of proprietary matters, and are also able to provide assistance with familial disputes and divorce.
We advise and support you concerning the following topics, among others:
- Cohabitation
- Matrimonial law
- Matrimonial property law (prenuptial agreements)
- Divorce law
- Patient Decree
- Advance Care Directive
Patient decree and advance care directive
The patient decree and the advance care directive are ruled by the Civil Code in the law on protection of adults. They allow to define orders for the case that loss of capacity of judgement occurs. Be it by an accident, by disease or by senile decay.
On the one hand, a judicious person can define in a patient decree, to which medical measures he agrees or not. He can designate a natural person who discusses in case of loss of capacity of judgement with the attending doctor the medical provisions. The patient decree facilitates relatives as well as doctors to decide in difficult moments.
Concerning the advance care directive, a judicious person can instruct a natural person or a corporate body to resume in case of loss of capacity of judgement the personal custody or the statutory duty of care of a minor’s property or to represent him in legal matters. In doing so, he must describe the duties which he will transfer to the assigned person and can issue directives for the accomplishment of the duties. The advance care directive strengthens the right of self-determination, because who looks ahead, can assure that his intention will be respected.
An advance care directive is either hand-written and signed or publicly certified. Our notaries will gladly provide advice on establishing an advance care directive and will carry out public notarizations where requested.
Depositing advance care directives
Unfortunately, it is not possible to officially deposit advance care directives. However, we will ensure that the authorities are bindingly informed about the existence and depository of the advance care directive.
Your Experts
Patrick Stach
Senior Partner
Patrik Mauchle
Associate
Focus
New Judicature Regarding Divorce Law
In a total of five new decisions, the Federal Supreme Court has clarified important questions regarding maintenance law and partially changed its previous practice. In the future, only one specific method is to be used to calculate all types of maintenance for children and spouses. Besides, the Federal Supreme Court has changed its practice concerning the question of the reasonableness of gainful employment after a separation or divorce and about the definition of a life-shaping marriage.
Distribution of maintenance in the event of divorce
Divorces often harbour a potential for conflict that should not be underestimated. It is not uncommon for disputes to arise in the event of a divorce regarding the custody of the joint children. This is also associated with certain uncertainties regarding the distribution of child maintenance and it is often unclear whether and to what extent maintenance payments have to be made. The Federal Supreme Court has taken these uncertainties into account and, in its decision of 3 February 2021 (BGer 5A_737/2018), specified the form and scope of maintenance payments.
Heirs must pay for supplementary benefits of deceased testators
Parliament decided in March that from 2021 supplementary benefits must be reimbursed under certain circumstances after death. These supplementary benefits must be borne by the heirs in each case, provided the value of the entire estate exceeds CHF 40 000. The amendment is contained in Article 16 of the Law on Supplementary Benefits.
