Family Law and Divorce

Family Law Attorney in Lugano

Haab Legal assists private clients in all family law matters in Canton Ticino and throughout Switzerland. With over 40 years of experience, Atty. Hugo Haab and Atty. Roberto Haab provide personalised advice and courtroom representation in family proceedings before the Pretore di Lugano and the Court of Appeal.

Areas we handle

Divorce and separation

Divorce in Switzerland is governed by art. 111 et seq. of the Swiss Civil Code (CC). A distinction is made between divorce by joint request (art. 111 CC), where the spouses submit an agreed settlement, and divorce by unilateral petition (art. 114 CC), which is available after 2 years of de facto separation or in cases of serious grounds (art. 115 CC).

As a recognised divorce lawyer in Switzerland, Haab Legal guides clients through every stage of the process, from negotiating the divorce agreement to representation before the Pretore di Lugano or the Court of Appeal of Canton Ticino.

Separation and marital protection measures

Before a divorce, spouses may apply for marital protection measures (art. 172 et seq. CC). The court may provisionally regulate the use of the family home, maintenance, child custody and parental authority. In Ticino, jurisdiction lies with the Pretore of the relevant district.

Separation does not dissolve the marriage but regulates its practical aspects. After 2 years of de facto separation, either spouse may unilaterally petition for divorce (art. 114 CC).

Child maintenance and alimony contributions

Child maintenance is regulated by art. 276-295 CC. Each parent is required to contribute to the maintenance of their children in proportion to their financial capacity. The maintenance contribution covers direct costs (food, housing, clothing, health insurance) and indirect costs (parental care).

The Federal Supreme Court has established precise criteria for calculating maintenance, based on the two-stage method with surplus distribution: first, the minimum subsistence level of each parent and the child is calculated, then any surplus is distributed proportionally. Contributions are payable until the child reaches majority or completes their first professional qualification (art. 277 para. 2 CC).

Custody, parental authority and visitation rights

Since 2014, alternating custody (art. 298 et seq. CC) has been the model favoured by the Swiss legislator. The court determines custody with regard to the best interests of the child. In Ticino, the Regional Child Protection Authority (ARP) may be involved in decisions regarding custody and visitation rights.

Joint parental authority has been the rule since 1 July 2014: both parents continue to exercise parental authority even after divorce, except where the child's welfare requires otherwise.

Spousal maintenance

After a divorce, the financially weaker spouse may be entitled to maintenance contributions (art. 125 CC). The court considers the duration of the marriage, the division of roles during the union, earning capacity and age. For long-duration marriages (over 10 years) with a career impact, the obligation may be substantial.

Matrimonial property regime

In the absence of a marital agreement, spouses in Switzerland are subject to the regime of participation in acquisitions (art. 196 et seq. CC). Upon divorce, each spouse is entitled to half of the other's increase in assets accrued during the marriage.

Spouses may opt for separation of property (art. 247 CC) or community of property (art. 221 CC) by means of a marital agreement in the form of a public deed. Haab Legal, with its notarial expertise, can assist in drafting marital agreements.

Occupational pension (pension fund) and divorce

In the event of divorce, occupational pension (2nd pillar) assets accumulated during the marriage are divided equally between the spouses (art. 122 et seq. CC). The division covers exit benefits accrued from the date of marriage to the date the divorce proceedings were initiated. It is possible to waive the division in the agreement, provided each spouse has adequate pension provision.

International family law

Thanks to fluency in 5 languages (Italian, German, English, Spanish and Russian) and extensive experience in cross-border matters, our firm regularly assists clients with international ties. Questions of jurisdiction and applicable law are governed by the PILA (Federal Act on Private International Law). In cross-border divorces between spouses of different nationalities or residents in different countries, the choice of forum and applicable law is decisive.

Costs and procedure

Court fees for a divorce in Ticino generally range from CHF 1'000 to CHF 4'000, depending on complexity. Lawyer's fees follow the guidelines of the Bar Association of Canton Ticino. A consensual divorce is generally less costly (CHF 2'000-5'000 all-inclusive) compared to a contested divorce, which can exceed CHF 10'000.

Timeframes: a consensual divorce is concluded in 2-6 months; a contested divorce may take 1 to 3 years.

Our approach

Family matters require sensitivity and discretion. Haab Legal favours negotiated solutions that avoid unnecessary escalation, while never compromising on a rigorous defence of the client's interests when required.

The combination of legal and notarial expertise allows us to handle the drafting of marital agreements and divorce settlements within a single firm.