Frequently asked questions

Jurisdiction depends on the spouses' domicile, nationality and the children's habitual residence. PILA (arts. 59 ss) governs the Swiss side; Brussels IIb applies on the EU side. See our jurisdiction-checker tool and the PILA art. 59 glossary entry.

It depends on the couple's domicile and the children's habitual residence. For a frontalier whose Swiss domicile remains in Geneva, Swiss courts are typically competent (PILA art. 59). If the family settled in France, the French tribunal judiciaire may have jurisdiction. Wrong filing can cost months.

Yes. The Lugano Convention 2007 governs recognition and enforcement of civil judgments between Switzerland and the EU, including France. For maintenance within the EU, Regulation (EC) No 4/2009 applies. Cross-border recovery runs through the competent services (Aripa in France, SCARPA in Geneva) or an instructed bailiff.

This is potentially an international child abduction under the Hague Convention of 25 October 1980. A return application must be filed PROMPTLY with the Central Authority (Federal Office of Justice in Switzerland). Contact the firm urgently — the first days are decisive. See our Hague 1980 procedure.

No, not without consent from the other holder of joint parental responsibility, or court authorisation (CC art. 301a). A cross-border relocation materially changes the exercise of parental responsibility and requires a prior decision. Acting without authorisation risks an international child abduction claim.

Exequatur is the procedure to recognise and enforce a foreign judgment on Swiss soil. Depending on the country of origin, it falls under the Lugano Convention (EU/EFTA), bilateral treaties, or PILA (art. 25 ss). The Geneva court reviews the jurisdiction of the foreign court, respect for due process and absence of public-policy conflict.

A joint petition in Switzerland takes 3 to 6 months; a contested divorce 1 to 3 years depending on complexity. For Swiss-French files with exequatur, count an extra 6 to 18 months for the enforcement phase in France. The choice of forum directly impacts these timelines.

Yes, by written agreement between the spouses when a common nationality exists (art. 61 al. 2 PILA). The choice is rarely neutral: Swiss law imposes the equal LPP split while French law does not; reserved-share regimes differ; post-divorce maintenance duration varies. Planning advice before signing is strongly recommended.

Joint petition (CC arts. 111-112) requires agreement on the principle and ideally on the effects. Fast procedure (6-9 months), controlled cost. Unilateral petition (CC arts. 114-115) requires 2 years of separation or a serious ground: longer procedure (18-30 months), higher cost.

MPUC (CC arts. 172-179) are urgent decisions by the court to organise separated life without divorce: attribution of housing, provisional custody, maintenance, separation of accounts. Summary procedure, order issued within 4-8 weeks in Geneva.

Since the Federal Tribunal decision 144 III 481 (2018), two-step method: (1) extended minimum vital of each parent (LP minimum + taxes + insurance + 20% margin); (2) distribution of the disposable surplus by proportional key (2 units per adult, 1 per child ≥ 10, 0.5 if < 10). Our calculator gives an indicative range.

No. It requires: geographic proximity of both homes, real availability of both parents, functional parental communication, child's welfare (hearing from age 6). In a Geneva-Annemasse cross-border context, it is common but the daily back-and-forth must remain compatible with the child's school life.

Pension assets accumulated during the marriage are split in half (CC art. 122), independently of the matrimonial property regime. For a 15-year marriage of a Geneva executive, the figure can reach CHF 200'000-500'000. The split can be refused only on manifest inequity (CC art. 124b) — rare exceptions, strictly applied.

Since 1 January 2023: 1/2 if only descendants are forced heirs; 3/8 if descendants + surviving spouse; 1/2 if the spouse is the sole forced heir. Parents are no longer forced heirs. The deceased can therefore freely favour the spouse, a descendant, a third party or a foundation.

3 months from knowledge of the death to repudiate (CC art. 567). Beyond that, acceptance is tacit — you inherit assets and liabilities. To limit liability exposure without full repudiation, request a public inventory within one month of death (CC art. 580).

Yes, by express testamentary disposition (art. 90 al. 2 PILA). Structuring choice: French law imposes strict forced heirship (1/2 for 1 child, 2/3 for 2 children, 3/4 for 3+); Swiss law offers a broader disposable portion. Tax and patrimonial stakes are significant.

5 years from the granting of the permit B (or creation of the family link) for spouse and children. 1 year for children older than 12. Past these deadlines: deferred reunification, granted only on major family grounds (art. 47 al. 4 LEI). Cumulative conditions: appropriate housing, sufficient means, integration capacity.

Not automatically. Art. 50 LEI maintains the right to stay if (a) the marital union lasted at least 3 years AND integration is successful, or (b) major personal reasons make return difficult (domestic violence, best interests of a child schooled in Switzerland). File to build alongside the divorce.

For EU/EFTA nationals: typically 5 years of uninterrupted residence, subject to integration. For others: 10 years (5 years for some nationalities with reciprocity). Premature application is refused; incomplete file too. Preparation essential.

As soon as lasting work incapacity of at least 40% exists. Legal filing deadline: 6 months from start of incapacity. One-year qualifying period before pension payment. Early detection (LAI art. 3a) enables faster reintegration.

OAI pre-decision → motivated opposition within 30 days. Formal decision → appeal to the Chamber of Social Insurance of the TAPI within 30 days (free procedure). Then Federal Tribunal (30 days, counsel mandatory in practice). A private expert report can be added to the file.

Written objection to the employer during the notice period (CO art. 336b). Action before the Tribunal des Prud'hommes within 180 days from end of contract. Maximum compensation: 6 months of salary (CO art. 336a). Procedure free up to CHF 30'000.

The first consultation lasts 30 minutes and costs CHF 50. It allows you to walk us through your situation and obtain clear legal direction before any commitment. The fee is credited against the retainer if you instruct us.

Yes. The firm accepts legal-aid (AJ) mandates from the canton of Geneva. AJ is granted by the court if your resources are insufficient and the case is not manifestly without prospect of success.

Me Andrea von Flüe is trilingual French · English · Spanish. Consultations, correspondence and instruments can be conducted in English. Proceedings before Geneva courts are held in French — English exhibits are admitted with certified translation where required.

Standard hourly rate: CHF 350-450/h depending on complexity. A flat fee is offered for scoped matters (CC art. 111 divorce, exequatur, MPUC). First consultation CHF 50 (credited afterwards). All costs are disclosed before engagement.