Divorce et Séparation | Avocat | Law-Rence | Geneve

The end of a marital relationship can be accomplished through two measures: divorce and separation. What makes them different? Lawrence is here to explain it to you.

Separation:

Separation is a less drastic measure than divorce. This is often a time that couples in crisis take advantage of, leading to reconciliation or divorce.

Cohabiting relationships are suspended, but spousal obligations are not.

An estranged couple remains married. Therefore, a support obligation exists, the surviving spouse will inherit on death, the AVS is not divided, and remarriage is not possible. In principle, the institution of marriage will not be abolished. LPP pension supply is unbalanced.

The matrimonial home is allocated upon separation. The rules for contributions, custody and visitation are the same as in a divorce.

It is not necessary to declare the separation to the judicial authorities. However, we recommend establishing a separation agreement that is privately signed and verified by a judge. The assistance of an attorney is strongly encouraged. The latter will be able to act as a mediator and reach agreements between the spouses on property division, contributions and child custody.

If a separation is declared before a judge, each spouse must file separate tax returns.

Legal separation declared by a judge facilitates divorce proceedings in the event of a unilateral request.

divorce:

Divorce means the end of a marriage and the obligations that arise from it. Therefore, the former spouse will not receive the surviving spouse’s estate (unless there is a testamentary measure to the contrary) and can remarry.

The matrimonial system was liquidated, the LPP was balanced, and the AVS pension was divided.

Measures regarding contribution, custody and access must be put in place.

Divorce must be declared by a judge. The request can be joint or ex parte, the latter resulting in a more laborious procedure.

Lawyers almost always represent spouses in court. The divorce process itself often leads to more litigation. Your attorney will be able to defend your rights and needs as best as possible and develop the best strategy to avoid feeling wronged during the hearing.

Do you need legal assistance for separation or divorce? Lawrence represents you in every situation and will assist you through these processes!