Family law

Competent advice for the individual case

Family law is extremely complex and an individual adaptation to the unique case is always required. It covers all problems that may arise in connection with family, civil unions and civil partnerships. It includes in particular separation and divorce, alimony payments for children and the partner as well as questions related to property law. As well, family law varies greatly across national borders. Competent advice that at the same time takes into consideration the strong emotional involvement of the parties is very important for these cases.

From prenuptial agreements/marriage contracts to divorce settlements

LSV provides support and guidance with all questions related to family law: we draft prenuptial agreements/marriage contracts and divorce settlements as well as other contracts governed by family law. In so doing, we also take into account the potential correlation with international family law. We represent our client’s interests out of court or before the court, and in the case of particular urgency also by way of temporary legal protection. In addition, we cooperate with our clients to develop solutions in the context of a mediation process.

Drafting of prenuptial agreements/marriage contracts

The conclusion of a prenuptial agreement/marriage contract may be advisable in order to prevent future disputes among the parties with regard to assets, alimony and/or old age pension if the relationship falters – or to regulate the consequences in the actual case of separation or divorce. This type of contract can be concluded or amended in mutual agreement any time before or during the course of the marriage and civil union. The team of family law specialists at LSV drafts prenuptial agreements/marriage contracts that duly reflect the parties’ interests, which – to the extent this is formally required – only need to be notarized. If necessary, we review existing prenuptial agreements/marriage contracts, always in line with the new case law that has been in force since 2004. We also always keep in mind the contract’s consequences with regard to inheritance law or the inheritance tax act.

Apportionment of assets and liabilities

Unless the spouses have made different arrangements, it will be necessary in the event of a divorce to settle the equalization of accrued assets and liabilities the spouses have jointly generated during their marriage. The apportionment of assets and liabilities is often extremely complicated, particularly when business assets, joint real estate or joint debts are involved. We provide competent and comprehensive advice that takes into account the individual circumstances of each specific case.

Parental custody and interaction

The separation and divorce of parents also always has far-reaching consequences for the children. In particular, it will not be possible to maintain the child’s habitual daily interaction with the mother and father within the family setting after the separation. We provide guidance to our clients with regard to this sensitive topic in the same way as we give advice on whether the shared parental custody should be maintained or whether an application should be filed to transfer the right of custody to one parent.