Look for a German lawyer admitted to the bar Switzerland/Germany, who is an expert in German and Swiss divorce and family law? There are many international marriages in Switzerland, also with reference to Germany. If such a couple wants to divorce, many questions arise Do you need competent legal advice for an international divorce in relation to Switzerland Germany or Germany Switzerland? Your lawyer for all legal questions regarding Swiss and German law concerning separation, divorce, matrimonial protection, custody and alimony in Zurich supports you in cross-border legal issues Switzerland/Germany.
Divorce lawyer and owner of law firm
I and my team advise and represent individuals in employment law, inheritance law and family law as well as in retirement and estate planning. My focus is on divorce, separation and matrimonial protection.
But how can I save money on divorce Switzerland/Germany with a German lawyer? Is the German or Swiss court responsible for my divorce? Which law is applicable? Does German or Swiss divorce law apply?? How does the divorce procedure in Switzerland differ from that in Germany?? Do I need an international divorce recognition and what are the costs of a divorce in Switzerland or. in Germany?
German family law lawyer
- Divorce proceedings in Switzerland and Germany: How to find the best strategy for a divorce with a German lawyer!
- Divorce Switzerland/Germany – German lawyer and expert in German and Swiss family law
- Attorney for German family law:
- Prenuptial agreement
- Amicable divorce versus contested divorce
- Jurisdiction for cross-border divorce Switzerland/Germany
- Divorce Recognition Switzerland/Germany
- Division of assets in the event of divorce Switzerland/Germany
- Costs divorce Switzerland/Germany
- Child law in case of divorce Switzerland/Germany
- Maintenance in case of international divorce Switzerland/Germany
- Divorce proceedings and duration of a cross-border divorce Switzerland/Germany
Divorce proceedings in Switzerland and Germany: How to find the optimal strategy in a divorce with a German lawyer!
If the divorce proceedings take place in Germany or Switzerland? Save costs when divorcing with a German lawyer. Make an appointment today for a consultation at our law firm for German/Swiss family law.
Divorce Switzerland/Germany – German lawyer and expert in German and Swiss family law
German family law attorney:
International family law is becoming more and more important due to cross-border, binational marriages and the constantly increasing globalization and an ever more interconnected Europe. In the process, extensive questions in the area of international family law regularly arise in advance of taking on a mandate, such as which legal system is applicable at all, before which court must be heard in the event of a dispute, if the spouses have different nationalities, or if the spouses have different residences or. Have residences, or the marriage was entered into abroad in the first place. In this context, it is not only the national regulations of a single state that matter, but one must also pay particular attention to EU regulations and agreements under international law.
German and Swiss family law from a single source
Cross-border marriages, divorces and child cases
As a German and Swiss lawyer, specialized in business, corporate, family, inheritance and labor law matters, I am your contact for all legal questions concerning Swiss, German or cross-border issues.
The number of binational marriages, especially those with a connection to Germany, is steadily increasing in Switzerland. Many questions arise in the case of divorce, for example, which courts have jurisdiction and which divorce law applies at all.
When a marriage fails, it is not an individual or personal failure, but simply the realization of changing a plan made at one point in time, or no longer wanting to live together a plan made together. In this spirit it is therefore central to look confidently into the future and to achieve with and by the divorce a stable basis for the future. In order to achieve this, sound and expert advice is indispensable.
In marriages with a foreign connection, especially when two legal systems are conceivable, the chosen legal system can be a decisive advantage when it comes to enforcing maintenance claims or custody of joint children. It is important to remember that early advice on what options are open to you can be beneficial to both spouses. Especially in the regularly central questions of custody of the joint children, future alimony and especially the amount a stable and sustainable solution should be found.
In the case of a prenuptial agreement, always check carefully what is actually regulated and whether it applies. If you would like to have a prenuptial agreement before entering into the marriage in order to secure yourself or even just to create clarity for both spouses, you should also seek advice on this.
Frequently asked questions& Answers for divorce Switzerland/Germany
Divorce Switzerland/Germany: German lawyer for German/Swiss family law gives specific answers to divorce Switzerland/Germany
The classic case of spouses coming from the same place, perhaps even having grown up together, staying in the same place and never making any geographic change is in many cases a thing of the past. This is almost the exception to the rule these days:
In Europe, especially in border regions or conurbations, it is the order of the day that people from different countries meet, form a community, move to a third country, or even that the place of residence and work are not in the same country. Complex legal issues arise from complex constellations, especially when it comes to the dissolution of a marriage, property division or custody issues.
Consensual divorce versus contested divorce
Attorney for German family law: If both spouses agree on all points of the divorce and are interested in a quick termination of the marriage, the entire procedure can be completed within four months. However, it should be noted that this is the absolute most favorable case. In case of disagreement, default or other reasons, this duration can be extended many times over.
In a contested divorce in Switzerland, one must wait a separation period of two years before filing for divorce. This divorce variant is more expensive and nerve-racking.
Choosing the right strategy is crucial for success. Only an experienced lawyer who is familiar with cross-border divorces and Swiss/German family law can handle a binational divorce .Successfully accompany.
In the following, some of the most essential and central questions will be answered using the common example of a marriage that has a connection to Germany and Switzerland.
Jurisdiction in case of cross-border divorce Switzerland/Germany
Can courts in several countries have jurisdiction in one case??
Attorney for German family law: In fact, it may be that in one case courts from several countries claim jurisdiction. In such a case, it can make the difference in which country, for example, a divorce is first sought or filed in court. One must always keep in mind that the applicability of a legal system can have a considerable impact on the secondary consequences of a divorce, if one only thinks of the amount of alimony, for example. Expert advice is therefore advisable in any case, especially in such complex cases.
Applicable law in case of divorce Switzerland/Germany
Which law applies in the case of a divorce when different countries are involved?
Lawyer for German family law: In fact, the central question in cross-border situations is always which law is applicable. As international family law is gaining dramatically in importance, there are numerous international agreements that regulate special cases. The first point of reference is always the International Private Law (IPRG), as well as the International Procedural Law (IVR), which contain reference norms and are supposed to prevent collisions. So first of all, for example, it can be clarified which law has jurisdiction over my case, and if there is a disagreement as far as a court, jurisdiction can also be determined via the IPRG and the IVR.
An example: For the entire EU area, the ROME 3 Regulation applies in family law matters. It takes precedence over national law in cross-border situations. Whereas in the past, for example, the nationality of the spouses was the primary factor in determining which national law should apply in a case, nowadays, due to the ROME 3 regulation, the habitual residence is decisive for the applicable law. In addition, this newer legal situation has another major advantage: the spouses can make a joint choice of law in a marriage contract, a divorce settlement agreement or even during divorce proceedings. This can be advantageous for both spouses under certain conditions. In principle, in the case of cross-border marriages, it is also important to pay attention to bilateral agreements between these countries, as these could then be surprisingly applied in one or more cases.
Which law is applicable in a Swiss/German divorce??
Lawyer for German family law: In Germany, the Rome 3 Regulation applies, which contains referral rules and applies regardless of whether the spouses are resident in Germany or Switzerland, nor whether it refers, for example, to non-EU countries such as Switzerland. For the opening of the scope of application, it is sufficient if a cross-border connection exists (citizenship, residence, married according to German law…). The Rome 3 Regulation primarily provides for the possibility of choice of law by the spouses. This can be the law of the habitual residence as well as the law of the state of one of the spouses, whose citizenship he or she holds. The choice of law can be made at any time, at the latest until the divorce hearing (with the presence of at least two lawyers).
In the event that no choice of law has been made, there is a four-step investigation procedure, proceeding chronologically: Primarily, the law of the state in which the spouses have their habitual residence, that is, their common home, at the time the court is seized is applicable. If, however, one partner has already moved out at this point in time, the last joint residence in which the other partner still resides is decisive within one year after moving out. If no applicable law can be determined under the first two criteria because the facts do not support it, then if the nationality is the same, that law will apply. If this is not the case, the law of the country in which the court is located is applied.
Which court is responsible for a divorce between Switzerland and Germany??
Lawyer for German family law: Switzerland, unlike Germany, is not a member of the EU and therefore the relevant EU law provisions are not applicable. In this case, the FamFG, the law on proceedings in family matters and voluntary jurisdiction, is more relevant. For a German court to have jurisdiction, it depends on whether there is a connection to Germany in the person or the place of residence. A German court has jurisdiction if at least one of the spouses is a German citizen (or was at the time of the marriage), or if the habitual residence, regardless of nationality, was in Germany during the marriage. The local jurisdiction of the family court is primarily based on the place of residence of the spouses. If there is no such place of residence in Germany, the action must be filed with the Berlin Schoneberg Local Court.
Divorce recognition Switzerland/Germany
Does a divorce in Switzerland automatically apply in other countries as well??
Lawyer for German family law: The divorce recognition unfolds its relevance for all divorces that have taken place in non-EU countries. A divorce in Austria does not have to be recognized in the Netherlands. If, on the other hand, a couple divorces in Switzerland, this divorce does not automatically apply in the EU country and must therefore be recognized separately. The recognition of the divorce plays a role above all if the unmarried name is to be used again or a new marriage is to be entered into.
Division of assets in case of divorce Switzerland/Germany
How to divide the assets in case of a cross-border divorce Switzerland / Germany?
Lawyer for German family law: The starting point is which national law is relevant for the matrimonial property regime. The answer to this question can result, for example, from the marriage contract, the usual common place of residence, the location of an immovable property (the apartment building in Spain), the closest connection to a state, a bilateral agreement or even the nationality. One must consider thereby that in the absence of an individual regulation, on different assets (house, share depot, renting dwellings, account deposits) under circumstances also different legal order can apply. In addition to the substantive jurisdiction, the formal jurisdiction is also of great importance. This results first of all from the habitual residence of the spouses, and only secondarily from other elements of attribution (e.g. the spouse's habitual residence). nationality), which can lead to the application of the law of one state.
What are the consequences of a divorce on pension fund assets in Germany or Switzerland??
Lawyer for German family law: In principle, courts can only order a division of claims from a pension fund where they have jurisdiction. A Swiss court, for example, can only act in Switzerland, a German court can only act in Germany in such a matter. However, if a marriage has been divorced before a German court, for example, an application can be made in Switzerland to supplement the divorce decree. This path is just as open in the other direction if one would like to file an application for pension equalization in Germany in the absence of an agreement in Switzerland.
Costs of divorce in Switzerland/Germany
An exact prognosis is difficult to estimate here, since it depends to a large extent on how quickly and unproblematically an agreement can be reached. The more work the lawyers have to do, the more disputed points there are, the more expensive the divorce can become. As a rule, the client and the lawyer agree on a fee on an hourly basis, whereby this hourly rate ranges between 300-1000 Swiss francs. The amount in dispute of the divorce does not play a direct role, but is of course included in the overall consideration. In principle, you can also hire foreign lawyers, whose hourly rate may be lower, to enforce a divorce in Switzerland. The court costs, which vary greatly depending on the canton, should be in the range of about 1000 to 5000 Swiss francs, whereby it also depends on the effort involved.
Child law in case of divorce Switzerland/Germany
What happens if I move with my children from Switzerland to Germany??
Lawyer for German family law: If both spouses have custody of their children, both also determine the place of residence of the child or children (right of residence determination). According to Art 301 a ZGB, the consent of the other parent, the decision of a court or the child protection authority is therefore a mandatory prerequisite for a lawful change of residence in the case of a unilateral move away. B) How is parental custody of the children determined at all in the case of a cross-border divorce? International conventions (such as the Hague Convention on the Protection of Children or the EU Marriage Regulation) take precedence over national private international law. These agreements are therefore decisive and the connecting factor for the corresponding consequences. For the determination of the right of custody, the habitual residence of the child or children is decisive. If the child changes his or her place of residence, parental custody remains under the law of the country in which the original habitual residence existed, according to the CSC.
For example, if the child lives with unmarried parents in a country where both parents have custody by law, they will retain custody unchanged in another country, provided there are no contradictory or different declarations.
What happens if I move with my children from Switzerland to Germany??
Attorney for German family law: If both spouses have custody of their children, both also determine the whereabouts of the child or children (right to determine whereabouts). According to Art 301 a ZGB, the consent of the other parent, the decision of a court or the child protection authority is therefore a mandatory prerequisite for a lawful change of residence in the case of a unilateral move. B) How is parental care of the children determined in the case of a cross-border divorce?? International conventions (such as the Hague Convention on the Protection of Children or the EU Marriage Regulation) take precedence over national private international law. These agreements are therefore decisive and the connecting factor for the corresponding consequences. For the determination of custody, the habitual residence of the child or children is decisive. If the child changes residence, parental custody remains under the law of the country of original habitual residence, in accordance with the CSC.
An example: If the child lived with unmarried parents in a country, in which due to legal regulations the custody is entitled to both parents, then these retain their custody also in another country unchanged, if no contradictory or differently wording explanations are present.
Maintenance in case of international divorce Switzerland/Germany
Which maintenance claim can be asserted if the spouses are resident in different countries?
For some years now, there have been two central regulations for this case: The Hague Protocol (2007) and the EU Maintenance Regulation (2011). The Hague Protocol provides information on which national law is applicable for the calculation and amount of the maintenance claim. The EU Maintenance Regulation, on the other hand, contains provisions on the jurisdiction of the courts. In this case, what is often standardized in other cases with cross-border issues applies: these agreements, regulations or laws allow a choice of law by the persons involved. So it can be clearly agreed in advance which law and which jurisdiction should apply to disputes.
Divorce proceedings and duration of a cross-border divorce Switzerland/Germany
What are the differences in divorce proceedings between Germany and Switzerland??
For a procedure, it is not only decisive which law forms the basis for any claims or demands, but also decisive where and how these can be enforced. It should be noted that there are serious differences in procedural law between Germany and Switzerland. In Switzerland, a divorce must be filed at the place of residence of one of the spouses. That court remains competent for the entire duration of these proceedings, even if the domicile should change in the meantime. In practice, the time of filing the petition plays an important role, especially as a reference date for the subsequent division of property: everything that exists in terms of property up to this reference date is subject to the division of property in the divorce proceedings. This deadline can only be deviated from if the spouses agree on a different day. Unlike in Germany, a divorce in Switzerland can be divorced immediately by mutual consent if both spouses submit a complete agreement on the divorce consequences to the court. The court subsequently only examines whether the request for divorce and the agreement are based on free will and have been made after careful consideration (Art 111 ZGB). In this agreement, in particular questions of custody, property division, and any alimony payments should be clarified.
If both spouses seeking a divorce do not (or cannot) agree on essential points, they can request the court to clarify these points by means of a judgment, in accordance with Art. 112 of the Swiss Civil Code. In the case that no mutual divorce is requested, but only one partner wants a divorce, there is exceptionally still the possibility to get divorced immediately according to Art. 111 ZGB: Either the other partner clearly agrees to this action, or he/she in turn files an action for divorce in his/her own name (so-called counterclaim). In this case there is agreement on the dissolution of the marriage and it can be dissolved immediately. If even this step does not lead to agreement, a divorce is only possible after a separation period of two years. This period begins to run from the date on which either a partner claims and proves it, or the court establishes this date.
What do I have to consider in a cross-border situation during consultation?
Matters involving more than one country are regularly very complex and require expertise in all the jurisdictions involved in the case. Especially in cases that (could) involve the law of Germany and Switzerland, for example, it is advisable to hire a lawyer who is either licensed or experienced in both countries. This makes the whole process easier for you, as you only have to hire one lawyer.
Your lawyer for German/Swiss family law
A lawyer for family law is to be consulted for the following family law topics: Separation, divorce, marriage protection, prenuptial agreement, alimony, custody, visitation, custody, will, inheritance contract, execution of will or inheritance challenge from.