With regard to the custody of the children and if the parents cannot agree on this issue, the decision is on the shoulders of the judge who will judge the general situation to rule on this issue. Among other things, and taking into account the best interests of the child, the judge takes into account the parental capacity of the parents, their place of residence and the distance between them, the child`s own preferences, etc., in making his decision. Only1life AG, headquartered in Pfäffikon (SZ) and a subsidiary in Munich, is a divorce and separation advisor that offers comprehensive assistance in the event of divorce, such as for example. B lawyer request, psychological advice and more. The divorce period depends heavily on the path chosen and the availability of the courts. As a simple indication, a divorce on joint application with global agreement can take up to a few months; In the meantime, a more contradictory divorce could take a few years to complete, especially in Geneva. 3.1 Are marriages enforceable (before and after marriage)? Is the situation the same when the agreement is a foreign agreement? At the time of separation, a partner cannot claim a financial order based on the relationship he had with his partner, unless the concubants have reached an agreement on this subject (see question 4.1). Foreign marriage contracts are generally recognized in matters of marital status, but the judge remains free to decide otherwise on other matters. In other words, the judge will consider whether the spouses have voluntarily and carefully concluded the marriage contract and whether it is not manifestly unfair, while carefully considering the child`s issue.
3.3 Can conjugal agreements cover a spouse`s financial rights in the event of divorce, for example? B to maintenance or compensation, or are they limited to the choice of matrimonial property regime? Can they manage children`s financial rights, for example? B child maintenance)? It is important to have a financial vision when buying real estate. So you should make an agreement to determine what to do with the mortgage in the event of a divorce. It could also affect your choice of mortgage. If you act prudently and independently, you can live financially with confidence after a divorce. Swiss law does not clearly limit the scope of such a marriage contract to the choice of marriage. It is not excluded that potential spouses agree in advance on other financial rights during divorce. It should be noted, however, as explained in the answer to question 3.2, that such an agreement is subject to judicial review, particularly with regard to matters relating to children. This alternative and constructive method of dispute resolution presupposes a common goal shared by all actors involved in the process, including parents, for a peaceful solution to conflicts in the interests of the child. In other words, the idea is to avoid conflicts after separation, which have a very negative impact on the development and well-being of the child. The judge orders that the house be sold at auction if the spouses cannot agree on who should keep the house.
The judge may return the property to a spouse, perhaps for a limited period of time. This is more common when there are children, or there is another important reason why a spouse must stay in the property. The remaining spouse must pay the other some form of compensation. In the first place, the spouses can jointly apply for divorce and submit to the judge either (i) a global agreement on the consequences of the divorce (parental rights, liquidation of matrimonial property, child and spouse`s pension, division of pension rights), or (ii) a partial agreement with elements on which they fully agree. The judge is responsible for approving the agreement and ruling on issues on which the spouses are unable to agree. The length of divorce proceedings depends entirely on the behaviour of the spouses….