Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Free Guide to Hiring a Family Lawyer
Divorce and separation in Chur are governed by Swiss federal family law as applied and administered through the courts and authorities in the canton of Graubunden. The legal framework focuses on resolving the civil consequences of marriage breakdown - including division of property, pension splitting, maintenance, child custody and child support - while protecting the welfare of children. Procedures take place in the local civil courts and may involve cantonal offices for child protection, social services and legal aid. Proceedings are usually conducted in German in Chur, so non-German speakers should plan for translation or legal counsel who speaks their language.
You may need a lawyer for divorce or separation in Chur for several reasons. Family law covers many technical and emotional issues that affect your finances, housing, children and long-term security. A lawyer can explain your rights under Swiss law, help prepare and submit court documents, negotiate agreements with the other spouse, represent you at hearings, and ensure proper implementation of asset division and pension splitting. Lawyers are especially important when disputes arise over child custody or access, when one spouse refuses to cooperate, when there are complex financial assets or business interests, when international elements are involved - such as foreign residency or property abroad - and when urgent interim measures are needed for protection, support or housing.
Key legal aspects relevant to divorce and separation in Chur include the following points:
- Grounds for divorce - Swiss law treats divorce as the result of an irretrievable breakdown of the marriage. Divorce can be granted by mutual agreement when spouses settle the consequences, or it can be requested by one spouse when the marriage has broken down. The court presumes an irretrievable breakdown where spouses have been legally separated for a continuous period - courts commonly rely on a two-year separation period as strong evidence of breakdown.
- Legal separation - Spouses can seek legal separation as an interim step to regulate consequences or to consider divorce. Separation can affect residence and financial arrangements but does not dissolve the marriage.
- Matrimonial property regimes - Switzerland has different matrimonial property regimes. The default is the participation-rights regime, where property acquired during marriage is shared while personal property remains separate. A marriage contract can change the regime. On divorce, assets and debts are divided according to the agreed or statutory regime.
- Pension rights splitting - Occupational pension assets (second pillar) acquired during marriage are typically divided between spouses when a marriage ends. This pension splitting is a central financial component of Swiss divorces and often has long-term effects on retirement income.
- Maintenance - The law provides for spousal maintenance in situations of financial need and for child support based on the childs needs and parents financial capacity. Maintenance may be temporary or long-term depending on circumstances like childcare responsibilities, age and earning capacity.
- Child custody and support - The childs best interests guide custody and visitation decisions. Joint custody is common, but courts will order arrangements tailored to the childs welfare. Child support obligations continue irrespective of custody and are calculated on parental income and the childs needs.
- Interim measures - Courts can grant provisional orders before a final divorce decision. These can cover custody, residence, provisional maintenance, protection orders and use of shared home.
- International elements - If one or both spouses are foreign nationals or have assets abroad, international private law rules and treaties can affect jurisdiction, recognition and enforcement of orders, and residency or immigration status may be affected by divorce.
- Language and procedure - Proceedings in Chur are normally in German. The cantonal and district courts administer family cases, and certain administrative bodies - such as the KESB for child protection matters - may become involved.
Divorce can start by filing an application with the competent cantonal civil court. If both spouses agree and have settled consequences like asset division and child arrangements, they can request a joint divorce. If only one spouse applies, the court will examine whether the marriage has irretrievably broken down - evidence such as a prolonged separation or inability to live together is considered.
Timing varies with complexity and whether the divorce is contested. A consensual divorce where consequences are agreed can be resolved in a few months if paperwork and agreements are ready. Contested divorces often take longer - commonly 1-2 years or more - depending on separation periods, court workload and disputes over finances or children.
Legal separation is not always required. Swiss law allows divorce by mutual agreement without prior separation if spouses have agreed on the consequences. When only one spouse seeks divorce, evidence of the marriage breakdown is necessary, and a continuous separation period is often relied upon by courts as proof. The length of separation that courts treat as decisive is typically two years in practice.
Division depends on the matrimonial property regime. Under the default participation-rights regime, assets acquired during marriage are shared while certain personal assets remain separate. Debts are divided according to origin and whether they are personal or joint. A marriage contract can change these rules, so review any contract and gather documentation of assets, debts and dates of acquisition.
Pension splitting is an important part of divorce in Switzerland. The occupational pension entitlements accumulated during marriage are usually divided between spouses. This process requires documentation from pension funds and can have significant long-term effects on retirement benefits, so legal and financial advice is often necessary.
Child custody decisions prioritize the childs best interests. Parents are encouraged to agree on custody and care arrangements. If they cannot agree, the court will assess factors such as the childs age, parental relationships, stability of the home environment and each parents ability to care for the child. Shared custody is common, but sole custody may be ordered where appropriate.
Yes. Courts can issue provisional orders to provide interim maintenance, determine custody or grant protection measures while the case is pending. These interim measures help secure basic needs and safety until a final decision is made.
Costs include lawyer fees and court fees, which vary by complexity and lawyer billing. Cantonal rules determine court fees. If you cannot afford legal representation, you may apply for legal aid - known as unentgeltliche Rechtspflege and Verbeistandung - which is assessed based on income, assets and the merits of the case. Application is made to the competent court or cantonal authority.
If you are a foreign national, divorce can affect your Swiss residence permit, especially if your permit was based on family ties. You should seek early advice from immigration authorities or a lawyer to understand how a divorce may affect your permit and any steps you need to take to retain legal residence in Switzerland.
International elements complicate jurisdiction and enforcement. Courts in Switzerland may have jurisdiction in many family matters, but recognition and enforcement abroad depends on international treaties and local laws. It is important to consult a lawyer experienced in cross-border family law to coordinate proceedings and protect rights in multiple countries.
For help and information in Chur and the canton of Graubunden consider contacting or consulting the following bodies and organizations:
- Bezirksgericht Chur and the cantonal civil court offices for filings and procedural questions. - Kantonale Kindes- und Erwachsenenschutzbehorde (KESB) for child protection and representation matters. - Graubunden cantonal social services for information on social support and temporary assistance. - Swiss Bar Association and the local cantonal lawyers association for lists of qualified family lawyers. - Mediation centres and certified family mediators in Graubunden for alternative dispute resolution. - Cantonal office for legal aid - for applications for unentgeltliche Rechtspflege and Verbeistandung. - Cantonal migration office for questions about residence permits and immigration consequences. - Local social services and shelters for victims of domestic violence, and organisations offering counselling and practical support for families. - Financial and pension advisors experienced with Vorsorgeausgleich and division of pension assets in divorce.
If you are considering separation or divorce in Chur, start by taking these steps:
- Gather documentation - collect marriage certificate, birth certificates of children, bank statements, pension statements, property deeds, income records, loan agreements and any prenuptial or marriage contracts. - Seek initial legal advice - consult a family lawyer to understand your rights, likely outcomes and procedural steps. Ask about costs, timelines and language of proceedings. - Consider mediation - if safe and feasible, mediation can help reach faster, more flexible agreements on finances, custody and housing. - Apply for interim measures if needed - if you require emergency protection, provisional maintenance or custody orders, discuss interim applications with your lawyer. - Check eligibility for legal aid - if finances are limited, ask about applying for unentgeltliche Rechtspflege. - Address immigration issues early - if you or your spouse are non-Swiss nationals, consult the cantonal migration office or a specialist lawyer to understand permit implications. - Plan for the long term - consider pension splitting, tax changes, and how custody and support arrangements will affect daily life. - Contact local support services - counselling, social services and family support organisations can help with emotional, practical and financial issues during and after separation.
