Martial residence
The assignment of the marital home determines who is permitted to remain there during the separation and until the final divorce ruling is issued. If the spouses do not come to an agreement on this matter, the court of their place of residence decides, as part of interim measures, who may use the home on a temporary basis. If one of the spouses or the children have their habitual residences abroad, an additional question arises as to which country has jurisdiction over the divorce proceedings—a factor that can determine the outcome of the entire case. We clarify both issues early on and secure our client’s position before the opposing party can respond.
Who gets to stay in the marital home?
When a couple separates, they often have to decide at short notice who will remain in their shared home. If the spouses cannot reach an agreement, the court at their shared place of residence will decide as part of provisional measures—taking into account living arrangements, professional requirements, the care of common children, and the financial situation of both parties. We file the appropriate petition and prepare the case in such a way that our client’s interests—particularly with regard to the children’s welfare—are the central focus.
Change of habitual residence within Switzerland during proceedings
A change of one's habitual residence to a different canton may have legal consequences during ongoing proceedings—for example, regarding jurisdiction, financial interim measures or motions concerning child-related matters. We assess the implications of a planned move and assist our clients in preparing for this step in a legally sound manner.
Geneva as a starting point As an international place to live and work, Geneva is particularly often the starting point for marriages involving multiple countries. We operate in both German- and French-speaking Switzerland and assist clients whose lives are divided between Switzerland and other countries, drawing on our expertise in this particular situation.
Why the place of residence may determine the applicable law If spouses live or have lived in different countries, the first question that arises is which court has jurisdiction and which law applies. This issue is resolved before any substantive questions are addressed, as it shapes the entire course of the proceedings—and in some cases, the outcome regarding the division of assets, spousal support, and child-related matters. We determine jurisdiction early on and identify which procedural approach is most advantageous in each specific case.
Connection to other European countries
In cases involving marriages with connections to both Switzerland and another European country, the question often arises as to whether divorce proceedings should or must be conducted in Switzerland or in the other country. Through our partner network, we work closely with European law firms to determine jurisdiction and ensure the most favorable course of action for our clients.
Connection to the Anglo-Saxon world:
In cases involving a connection to the US, the UK or other countries with an Anglo-Saxon tradition, similar issues of international jurisdiction arise, albeit under a distinct legal system that differs from that of continental Europe. Particularly for high-net-worth clients, the choice of forum can have significant financial implications. Together with our partner law firms in the Anglo-Saxon world, we assess which course of action is more advantageous in each individual case and act swiftly, if necessary, to secure jurisdiction or avoid an unfavorable jurisdiction.
Connections to other countries
Through our network of partner law firms in more than 80 countries, we resolve issues of jurisdiction and domicile even when other legal systems are involved—for example, when one spouse lives outside Europe or the couple has maintained multiple places of residence simultaneously. We are not an anonymous firm: our clients deal with the same point of contact, regardless of how many countries are involved in a case.
Urgency in international matters
In cases with an international dimension, speed can be critical: the party that first initiates proceedings in a jurisdiction more favorable to them often secures a strategic advantage. In such situations, we act with the necessary pace and coordinate our approach closely with our international network.
Unlike the spouses agree otherwise, the court will rule on the matter as part of preliminary measures. We will file the appropriate motion, taking the financial needs of our client and the children’s best interests into particular consideration.
Relocating can have implications for jurisdiction, applicable law, and child-related matters. We assess the consequences before taking such a step.
Not necessarily—jurisdiction depends on several factors, including the nationality and habitual residence of both spouses right after marriage and thereafter. We will determine this on a case-by-case basis.
The law of your home country may lead to different outcomes than Swiss law in matters of property and alimony. We work with our partner law firms all over the world to determine which course of action is more advantageous.
In this case, the deciding factor is generally the precise day and time at which proceedings were first sought before the court. We act promptly in cases with an international dimension.
Yes, a change can affect jurisdiction and the practical handling of matters concerning children. We assess the consequences in advance and provide legal guidance throughout the process.