Swiss legal
opinion
Foreign courts, arbitration tribunals, and law firms regularly require well-founded legal opinions on Swiss law in cross-border family law proceedings—for example, regarding matrimonial property law, spousal support, child-related matters, or adult protection. We prepare such legal opinions in a manner that is legally sound and methodologically transparent, drawing on our experience as the author of the Switzerland chapter in ICLG Family Law and over ten years of lecturing at Swiss and foreign universities. A legal opinion addresses specific questions defined by the client—ranging from the interpretation of a legal provision to the analysis of Swiss legal practice—and serves as a basis for decision-making in proceedings conducted not in Switzerland but abroad.
Contact: contact@alkatout-legal.ch | +41 22 512 04 05
A legal opinion on Swiss family law is typically requested when a foreign court or arbitral tribunal must rule on a matter with a Swiss connection—for example, because a party resides in Switzerland, assets are located in Switzerland, or a Swiss judgment or prenuptial agreement is at issue. Equally often, foreign law firms are the clients who need a reliable assessment of the Swiss legal situation for their own clients before proceeding with litigation abroad.
Legal opinions on Swiss family law regularly address the following key topics:
Matrimonial property law and the effects of international prenuptial or postnuptial agreements
The calculation and enforceability of maintenance claims under Swiss law
Issues of parental responsibility and other matters concerning children
Adult protection, including living wills and advance healthcare directives
Procedural issues such as the jurisdiction of Swiss authorities or the enforceability of a Swiss decision abroad.
Each legal opinion is tailored precisely to the specific question at stake—we do not provide generic legal advice, but rather well-reasoned answers that stand up in court.
HOW A LEGAL OPINION
IS PREPARED
The process begins with a definition of the issue in dispute by the client—whether it be a court, an arbitral tribunal, or a foreign law firm commissioning the opinion. This is followed by in-depth research into the relevant legal bases, the case law of the Federal Supreme Court, and prevailing legal doctrine. The opinion itself is methodically structured, clearly reasoned, and can be drafted in several languages or, upon request, directly in the procedural language of the foreign forum. Where necessary, we are available to answer any questions from the court or to provide supplementary oral explanations.
A legal opinion carries weight only to the extent of the authority behind it. We specialize exclusively in family law—this is not a secondary preference, but the firm’s sole area of practice. As the author of the Switzerland chapter in ICLG Family Law, a long-time lecturer in law at Swiss and foreign universities, and a member of the International Academy of Family Lawyers (IAFL), we possess the professional standing that courts and law firms abroad rely on.
For you as a client, this means: not an anonymous firm, but a personally accountable, strategically sound response to your specific legal question—developed discreetly and, where your case requires it, in close coordination with our network of partners in more than 80 countries. If time is of the essence because a deadline is approaching in a foreign proceeding, we act immediately.
Requests can be placed informally via email or phone. We clarify the scope of the evidence, the timeline, and the format with the client before the actual work begins. Of course, we treat all documents and background information related to the underlying foreign proceeding as strictly confidential—regardless of whether the client is a court, an arbitration tribunal, a law firm, or an individual.
Typically, foreign courts and arbitral tribunals that must rule on a matter with a Swiss connection, as well as foreign law firms that need a reliable assessment of the Swiss legal situation for their clients. In these cases, we work on behalf of the institution or our colleagues abroad.
Typically in the procedural language of the foreign court or in the language we master (English, French, German), depending on the client’s preference. The key consideration is that the expert opinion be immediately usable by the foreign court or arbitral tribunal.
This depends on the complexity of the evidentiary issue and the timeframe specified by the client. Once the issue has been clarified, we will provide a specific delivery date; in the case of time-sensitive foreign proceedings, we will base our schedule on the urgency of the proceedings.
Yes. Upon request, we can supplement the written expert opinion with an oral presentation or answer questions from the court, the arbitral tribunal, or the client law firm as the proceedings continue.