Separation means the termination of cohabitation. In this case, the marriage continues to exist. If you and your spouse agree on a separation arrangement, it is not necessary to go to court. You are free to settle this yourself by concluding a separation agreement.
Welfare of children
If and to the extent that minor children are involved, their interests must be taken into account to the best possible extent. Only if this is not the case is there a reason for the KESB to intervene. It is important that both parents talk to the children and make it clear that they love them and that the separation was not caused by the children, that the children are not to blame for it. Children bear a heavy burden of a separation and wish for a long time that the parents would find their way back to each other. Experience shows that school performance drops for several months.
Changes
Separation brings with it several changes:
- You now need two homes.
- 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 you have minor children, it is important to make as specific arrangements as possible: How will the care times be divided between the parents (so-called custody)? 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 division. However, if you voluntarily wish to separate property, you can conclude a corresponding marriage contract at a notary's office. Or you 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 payout applies).
Alimony
In principle, alimony is calculated according to the same system as in the case of divorce. However, longer transition periods are often provided for, during which higher alimony payments are made.
Living arrangements
A separation can be an opportunity to take the marriage to a new level. Over the years, everyone changes. Therefore, it is not guaranteed a priori that one will change in a way that allows one to remain with one's partner. To deal with this inevitable challenge constructively, communication in partnership is central. If necessary, the involvement of marriage counseling is also helpful.
A self-determined, fair separation agreement allows you to freely regulate your living conditions. Legal proceedings may become unavoidable under certain circumstances (in the case of violence, dishonesty, bossiness), but they entail considerable material and personal costs. This applies even if you are granted free legal aid due to a lack of sufficient financial means.
