Kanzlei im Turm AG

Family Law

Family law consists of regulations regarding the matrimonial live as well as the dissolution of marriage through death or divorce. In addition, it governs the parent-child relationship and rights and obligations related thereto. Further, it contains rules on cohabitation, patch-work families, single parentage as well as foster, adoptive or step-parents. Finally, it sets forth the procedural rules applicable to the Adult and Child Protection Authorities (KESB), which are competent for decreeing a removal of the parent’s custody of their children or a deputyship.

The Swiss family law is currently subject to many reforms. Examples are the common custody newly being the rule, the recently implemented new maintenance obligations or the new pension compensation regime. Due to our substantial litigation experience and the constant exchange with professional associations and peer groups, we are fit and able to always provide you with up-to-date advice and to professionally represent you before court – be it in complex martial property litigations, in international scenarios or in custody disputes which are typically prone to conflicts.

SERVICES

Marriage and Cohabitation

Marriage Contracts / Marital Property Separation

Holistic Advice on Marriage and Marital Property

Cohabitation Contract

Advice to Non-Married and Same-Gender Couples

Separation

Marriage Protection Proceedings

Divorce

Dissolution of Registered Partnerships

Mediation

Child Law

Action to Determine Paternity / Challenge of Paternity / Recognition of Paternity

Adoption

Advice to Single Parents

Custody

Post-Marital Maintenance and Alimonies (including Child Support)

Deputyship

Removal of Custody

Naming Law

Change of Name

Adult Protection Law

Deputyship

Power of Attorney in Case of Incapacity

Advanced Medical Care Directive / Patient Decrees

Inheritance Law and Estate Planning

Each family and wealth structure requires proper estate planning and wealth planning. We will support you in the drafting of last wills, marriage or inheritance contracts as well as in the structuring of your wealth and the incorporation of foundations and trusts. We will act providently and take into account all relevant aspects such as tax and international conflict of law issues.

It is of great importance for you that your last will is going to be correctly executed in case of death? We offer to act as executor of your will and, thus, to disburden your heirs with this cumbersome work.

If no settlement outside court can be reached, we are ready and determined to enforce your interests through court litigation. When doing so, we always keep an eye on the time horizon and the costs of such a case.

Please keep in mind that there are other events to arrange and prepare for, than the event of death. In case of temporary or permanent loss of judgment, a severe suffering from dementia or an accident, we will help you draft a "Power of Attorney in case of Incapacity" or an "Advanced Medical Care Directive".

SERVICES

Planning and Safeguarding

Estate Planning

Succession Planning and Arrangements

Advice on and Planning of Marital Property Law

Tax Planning and Tax Rulings

Last Will and Inheritance Contract

Marriage Contract

Heritages and Appointment of Heirs / Legacies

Charitable Foundations, Family Foundations and Trusts

Wealth Structuring

Power of Attorney in case of Incapacity

Advanced Medical Care Directives / Patient Directive

Event of Death or Incapacity / Settlement

Representation of Heirs

Action for Declaration of Invalidity, Action in Abatement, Action for Division, Enforcement

Division of the Estate / Division Contract

Executorship / Execution of a Will

Probate and Information regarding Swiss assets of an Estate

Corporate Law

Corporate law has a strong influence on Swiss business life. We will support you and your business from the incorporation to the sale, going public or liquidation – be it in terms of advice on corporate law, tax or succession.
A state of the art corporate governance, a good quality of your corporate documents and full knowledge of all relevant corporate law developments are indispensable for the economic success of your firm; particularly when cooperating or carrying out a transaction with outside investors or strategic partners. Exactly for this purpose we have designed and offer a Corporate Secretary Packageat a fixed rate.

SERVICES

Stock Corporations, Limited Liability Companies, Associations, Foundations

Directors’ and Officers’ Liability

Incorporation & Liquidation

Corporate Governance

Capital Measures (Capital Increases and Decreases, Splits)

Restructuring

Transactions (Takeovers, Splits, Conversions, Fusions, Financing)

Articles of Associations and Policies

Joint Ventures and Cooperation Agreements

Stock Exchange Law

Disclosure and Reporting Duties

Employment Law

Swiss employment law features a large amount of (mandatory) legal provisions. Nevertheless, there remains certain maneuvering room for an individual design of the employment contract. Typically, the economic success of a business considerably depends on the happiness of the employees. Work is a dominant element of life. The design of the employment contract therefore is of fundamental importance for both the employer as well as the employee. For the same reason, disputes on employment law issues are rather frequent. We will help you to avoid disputes and costly litigation proceedings through a professional drafting or review of your employment contract(s). If a dispute has already arisen, we will either coherently advise you on how to achieve an appropriate extrajudicial settlement or we will, if necessary and expedient, consequently pursue your interests through court litigation.

SERVICES

Employment Contract

Termination Agreement

Termination

Garden Leave

Letter of Reference

Questions around Maternity Protection

Incapacity to Work

Claims from Overtime

Staff Lease and Personnel Procurement

Restructuring and Mass Termination

Bonus Disputes

Employee Participation Schemes

Public Employment Law

Questions around Compensation for Loss of Earning (EO)

Employment Law Litigation

Extrajudicial Settlements

Competition Clause

Gender and Mobbing Issues

Gender Law

Mobbing and Sexual Harassement

Bankruptcy Law

Failures and periods with tight financials integrally belong to any entrepreneurial activity same as success – the legal liability and criminal risks are, however, exponentially higher in the event of the former. It is a razor's edge walk between successful restructuring and an illegitimate delay of bankruptcy or similar offences – a walk you should only walk with a professional and provident guide.
Do you have a proven claim out of a contract or a judgement and does the counterparty still refuse to perform? We would be happy to advise you and guide you through all the different Swiss debt enforcement proceedings that may be available. Even better would be if you had us secure your claims through a pledge, a surety or a full title security transfer, as may be most appropriate for your specific constellation, in order to avoid such a constellation in the first place. 

SERVICES

Securing your Interests and Advice in and around a potential Bankruptcy

Probate, Composition or Restructuring Proceedings

Freezing Orders and Voidance Actions (Pauliana)

Enforcement of Claims and Securities (pledges, surety, guarantees, etc.)

Debt Enforcement Proceedings

Defence against illegitimate Claims

Enforcement of Court Judgment

Criminal Law

Are you accused of a crime or are you a victim or civil claimant in a criminal proceeding? We would be happy to stand by your side and help you enforce your rights and make your case in such proceedings.

SERVICES

Road Traffic Offences

Offences against Property
 

Tax Crimes

Supervisory Sanctions (including occupational bans)

Anti Money Laundering Offences

Offences against Stock Exchange Regulations (including Insider Dealing, Violations against Reporting and Disclosure Obligations)

Bankruptcy Offences

Financial Market Law

Tenancy Law

Switzerland is the country of tenants. There is no European country with as many people renting an apartment or house. Swiss residents are therefore typically subject to tenancy law 24 hours per day and there are also many other life situations where we encounter tenancy law issues: You are unable to sleep because your neighbors have a loud argument. You are freezing in the bathroom because the radiator is not working. You work in a skyscraper and the elevator is defect. The post officer delivers a formal notice regarding a 15% increase of your rent. Due to construction noise, you are unable to work productively and you lose clients. Your subtenant in your business premises does not pay the auxiliary costs. You would like to finally terminate the tenancy with your insolvent tenant. The tenant of your vacation house violates the house rules. While enjoying an after-work beer in your garden, you are fully exposed to your neighbor’s barbeque smoke. This is how a “busy” tenancy law day may look like – with our help, you may still find time to relax.

SERVICES

Challenging Rent Increases

Request for Initial Rent Reduction
 

Request for Rent Reduction / Adjustments to Reference Interest Rate
 

Reduction of Rent due to Defects
 

Termination (Ordinary and Extraordinary)
 

Application for an Extension of Tenancy
 

Claims related to Tenancy Agreements (auxiliar costs, rents, defects, etc.)
 

Expulsion of Tenants

Conflicts related to a Condominium
 

Bare Brickwork Tenancy

Relocation

Relocation to Switzerland should be planned carefully – this protects you from inconveniences and unnecessary costs. We will assist you in the processing of all formalities, the solicitation of permits as well as the search for a home to live. We will also shed a light on the relevant tax rates and tax considerations. When doing so, we ensure that your new living location optimally fits your familiar, professional and financial situation.

SERVICES

Change of Domicile to Switzerland / Moving to Switzerland

Temporary or Permanent Residence Permit

Work Permit

Purchase of Real Estate

Search for Living Quarters (for purchase, rent or vacation)

Relocation of Companies

Tax, Heritance or International Conflict of Law Issues

Elaboration of Swiss Tax Declarations

Negotiation of Flat Rate Taxation Deals (Lump Sum Taxation)

Customs and Transfer of Art

Procuration Services in relation to Educational Institutions (private schools, boarding schools, etc.)

Solicitation of Insurance Offers or Advice