Separation agreement

It is not necessary to apply to the court for a separation. However, in the event of a dispute, it may be requested to order a separation settlement.

The implementation of the separation (if not already done), child issues, maintenance issues and a provisional division of the household goods can be the subject of a separation agreement.

A separation means ceasing to live together. The marriage continues to exist. If the spouses agree on a separation arrangement, it is not necessary to go to court. The spouses are free to settle this themselves. If and insofar as minor children are involved, their interests must of course be taken into account to the best possible extent. Only if this is not the case, there is a reason for the authorities to intervene.

A separation entails various changes:

• The two spouses now need two apartments.
• How will the furniture be distributed between the two apartments?
• The change of address of the spouse moving out must be reported to the old and the new municipality.
• The tax office must be informed.
• If the spouses have minor children, it is important to make as specific arrangements as possible: How will custody and care hours be divided among the parents. In which municipality and at which address are the children officially registered (school location)? How do you want to handle vacations, weekends, holidays? May the children continue to communicate freely with both parents (digitally, by phone, by letter)?
• Does one spouse need maintenance from the other, if so to what extent and for how long?
• How will the children's living expenses be covered?
• The earning potential of both spouses must be clarified.

There is no need for a property settlement. However, if the spouses voluntarily wish to separate their property, they can conclude a corresponding marriage contract at a notary's office. Alternatively, they can apply to the matrimonial judge to order the separation of property.

Spouses often revoke the banking and PostFinance powers of attorney granted to the other when they separate. They may also close access to credit cards. Joint accounts can be continued or closed.

Pension fund and vested benefit assets are not to be divided until a divorce (unless one of the exceptional reasons for early payment applies).

The maintenance calculations are basically made according to the same system as in the case of a divorce. However, longer transition periods are often provided.

AHV - contribution payments of non-working separated spouses

Separated spouses without earned income must clarify with the competent compensation office whether they have to pay AHV contributions. Otherwise, there is a risk of additional payments and gaps in contributions. You can find more information here.