Rechts Service

Maintenance law, division of pension provision and marital property division.

Living together

We can support you even while you are living together: estate planning, insurance claims in the event of health problems, advance directive, entitlement to supplementary benefits when entering a retirement home, to name just a few keywords. We also advise you on marriage contracts and wills, for which we cooperate with a notary's office. Are there problems regarding child care? School? domestic violence? We are here for you.

separation and divorce

Everything went well for years, and suddenly it's over: the family is torn apart and the previous partners (married or not) have to deal with the consequences. The income must now be enough for two households, and many questions arise: who will stay in the previous apartment? Who looks after the children? Does the workload need to be increased? What happens to the fortune and the house? Consult our guide on the regulation of the separation of spouses , divorce , or child support for unmarried couples. We will help you – either as your personal lawyer ( legal representation ), or with mediation .

In the so-called “Marriage Protection Proceedings”, the separation of married people is regulated by the court (allocation of housing, maintenance, child matters, any precautionary measures). Divorce leads to the definitive dissolution of the marriage. The subsequent amendment of the divorce decree is only possible for specific and important reasons.

Advice, litigation, mediation

Sometimes it is enough for you to get legal advice , for example on appropriate maintenance, on the division of assets (marital property division), on the regulation of parental care and custody. We draw up the necessary written agreements (separation agreement or divorce convention) or check your proposals for completeness. Mediation , together with your partner, can be suitable for finding fair solutions .

Advice or mediation does not always lead to the goal, because that also depends on the willingness of the other party to cooperate. Then we will represent you in court and fight for your rights.

Private and public employment law

For employees and employers, work is important to most people. And precisely because it is so important, open questions and disputes can quickly arise.

Examples:

• An employee falls ill repeatedly and is unable to work for a long period of time. Can the employer fire him and after how long? Do you know the lockdown periods? How long does the obligation to continue paying wages in the event of illness or accident apply?
• A female worker is the victim of bullying or sexual assault. What can she do and what are the employer's obligations?
• The employee has long had the feeling that she is underpaid. Now she realizes that her colleague, who works in the same position, has a higher salary. A question of equality law!
• The employee changes jobs. At the old place of work, he has to work full time until the last day. In the end he has a large positive overtime balance and holiday credit. What about the compensation now? Could he have asked for time off? Is there an entitlement to payment of the 13th month's salary and the bonus in the event of termination?
• Addiction at work, termination during the probationary period, pregnancy, maternity and adoption leave, termination of the employment relationship by mutual agreement, compliance with instructions, termination without notice and much more are problem areas that are always a cause for discussion.
• Disputes are increasing in public labor law, i.e. in employment relationships with cantons, municipalities and public law institutions. When there is great pressure to save, attempts are made to restructure the budget (keywords: cost-of-living adjustments, employee benefits) at the expense of the employees. There are differences between private and public employment law that need to be taken into account, especially in terms of protection against dismissal and litigation. In general, employees are better protected in public employment than in private employment.

We are on hand with help and advice. Don't hesitate to contact us, preferably before it "burns out."

Inheritance, estate planning

estate planning
 

Inheritance needs to be well planned: we will help you with your will or a marriage and inheritance contract. Together we will determine what mortis causa orders are necessary and sensible. We advise you privately and also in the company succession.

Estate administration and execution of wills

We advise you in the event of death: what security measures are to be taken? Should the estate be disclaimed or accepted under public inventory? We will also help you with the settlement of the estate: preparation of the inventory, tax return, death costs, etc. As executors, we ensure that your last will is implemented.

Division of inheritance and inheritance lawsuits

We develop proposed solutions for the division of the estate, through inheritance purchases, determining the lots. We are there for you in the event of disputes: contesting the will, inheritance lawsuits, lawsuits for reduction of rights if the compulsory portions have been violated, we arrange for compensation if individuals have already received larger donations from the deceased during their lifetime, we file a division lawsuit if the estate is to be divided.

Complicated tenancy law

Tenancy law grants tenants of residential properties many rights. However, procedures, regulations and claims are complex. Landlords also have to struggle with this. Special rules apply to business rentals.
 

These are the issues for tenants: defects, termination, rent increases and utility bills.

• Defects (e.g. mold growth, heating stays cold, the lift has been idle for weeks, ventilation does not work) spoil the joy of the apartment or business premises.
• Termination; there are strict formal requirements for landlords; Tenants can often successfully contest terminations or at least enforce an extension. If there are several tenants, it must be noted that the rental agreement can only be terminated by all tenants together.
• rent increases ; we check whether you can successfully defend yourself against a rent increase; whether the initial rent is correct; whether you can request a reduction.
• utility bills ; it may be worth taking a closer look.
• Procedure; Dare! The law protects you from a revengeful termination by the landlord. Blocking periods make it possible to assert claims without fear.

These are the issues for landlords: late payment, nuisance, ancillary costs and rent adjustments

• Tenants fail to pay rent on time. Reminders, threats of termination and termination must be carried out carefully and in accordance with the law in order to be successful.
• Noise pollution, disturbance of the night's sleep, careless handling of the rented property, constant complaints from other tenants about the "troublemaker": termination is still not easy and must be carefully prepared.
• Ancillary cost statement: We will help you to ensure that this is created in accordance with the law.
• Rent increase: it is better to check beforehand whether this is justified and to what extent. Customary for the location and district, index adjustments, value-enhancing investments: these can only be reasons for an increase under strict conditions.

These are the issues in commercial leasing: right of retention, extensions, conversions and extensions, termination of the tenancy

• Right of retention in case of arrears
• longer notice periods and extension options; unlimited rent deposit
• Conversions and extensions: it is essential to make written agreements with the landlord! It should be expressly regulated whether the building must be dismantled at the end of the contract or whether the landlord is to be compensated.
• Transfer of the lease before the end of the lease period

We would be happy to advise you and help you.