Pension &
Asset protection
Specialized legal advice on divorce, child matters, asset protection, and modern family law.
Asset protection in family law has three key strategies: the deliberate choice of a matrimonial property regime through a prenuptial or a postnuptial agreement; the protection of business entities, holding companies, and trusts from division under matrimonial property law; and—when the situation commands—the identification and preservation of assets before they disappear. In Switzerland, the statutory matrimonial property regime is the community of accrued gains; anyone wishing to deviate from this requires a notarized prenuptial or postnuptial agreement. We can show you which lever applies to your situation—and when it needs to be activated. The most effective approach is to take preventive measures before a conflict arises.
Asset protection in family law is about thinking ahead. The most favorable outcome is the result of rigorous planning before a dispute arises—with a clearly structured prenuptial or postnuptial agreement, a well-defined company framework, and a documented financial situation. That is our strategy: not to react, but to secure your position while things are still calm.
We have always focused exclusively on family law and are highly specialized. For you, this means: not an anonymous firm with changing staff and a high degree of delegation, but personal, close support from an attorney who understands your asset structure and has been thinking alongside you for years.
Asset-related issues extend beyond the realm of law. That is why, when your case requires it, we work together with private investigators, financial planners, psychologists, and communications specialists—in a coordinated and discreet manner. Especially for high-net-worth and publicly known clients, discretion is not just a matter of style—it is the foundation of trust.
When assets are at risk of disappearing, speed is of the essence: Where wealth is being shifted, we fight for every asset—by your side, together. And when it is needed, we act immediately in an emergency.
The firm operates in German- and French-speaking Switzerland and, for cross-border cases, collaborates with partner firms in more than 80 countries worldwide—a crucial factor whenever investments extend across borders.
What is your current situation?
Choose your property regime carefully: Participation in acquisitions, separation of property, or community property? The prenuptial agreement determines who owns what in the event of a divorce—whether acquired before or during the marriage—and must always be notarized.
Keep business value out of the asset division. A divorce should not jeopardize your business. Valuations, shareholder agreements, matrimonial property regimes, and holding structures are all intertwined—and should ideally be settled long before a conflict arises.
Trusts in Swiss family law. Switzerland has recognized trusts since 2007 under the Hague Convention on Trusts. Whether trust assets are subject to division under matrimonial property law depends on the structure, timing, and beneficiaries. Every clause matters here.
If a separation is on the horizon, secure your belongings, document your financial situation, and organize your liquidity—in a timely and discreet manner. What you do now will determine your position later, without raising suspicion of undue asset transfers.
When assets are transferred and wealth disappears abroad, speed is of the essence. With the help of private investigators and partner law firms, we track down assets worldwide and secure them in Switzerland through a freezing order (Art. 271 of the Swiss Debt Enforcement and Bankruptcy Act).
The tax implications of a separation. Separate tax assessments, real estate transfers, retirement savings: A separation has a tax footprint that can be planned for. We calculate it in advance instead of paying it later.
In most cases, yes. Without a prenuptial or postnuptial agreement, the principle of participation in accrued gains applies—the value of the business created during the marriage may then be subject to division. A notarized prenuptial agreement allows you to exclude the business from the division of marital property or to clearly define its value. Ideally, this should be arranged before marriage; however, it is also possible during the marriage.
Yes. A prenuptial agreement can be entered into before or during the marriage, it is then called a postnuptial agreement. Such agreement must always be notarized by a notary. We advise entering a postnuptial agreement when one’s financial situation changes—such as when starting a business, receiving an inheritance, or purchasing real estate. It is important that both parties are fully and transparently informed.
That depends on the structure. Switzerland has recognized trusts since 2007 under the Hague Convention on Trusts, but treats them differently under matrimonial property law. Whether trust assets are divided depends on when the trust was established, who the beneficial owner is, and how the funds were acquired. We examine such scenarios in detail.
Speed is of the essence here. Assets in Switzerland can be secured through a seizure order (Art. 271 SchKG); abroad, we work with private investigators and partner law firms in over 80 countries. The sooner we document where funds are flowing, the better our chances. In an emergency, we act immediately.
That is exactly when. The most effective protective measures are developed calmly, not in the heat of an argument: a well-thought-out matrimonial property regime, clear corporate structures, and a documented starting point. Those who wait until a crisis strikes to take action have less leeway—and quickly face suspicion of asset shifting. Planning ahead is the most cost-effective form of asset protection.