Law of persons and family law

Acquiring Swiss nationality Swiss nationality is transmitted according to the principle of "droit du sang", as in most European countries, i.e. by descent, and not according to the principle of "droit du sol" linked to place of birth, as is the case on the American or Australian continents....

Maintenance payments " I got divorced in Geneva in January 2008. According to the divorce decree, my ex-husband, who lives in Geneva, has to pay me CHF 40 in child support. Since the divorce, I've sent several letters to my ex-husband requesting this contribution, but I haven't received any payment. I don't...

Can an aunt marry her nephew? Is it true that a new law authorises marriage between an uncle and niece and between an aunt and nephew? Ghyslaine, Les Avanchets Articles 94 et seq. of the Civil Code deal with the capacity to enter into marriage. Since 1 January 2000, marriage has not been...

Can a spanking be justified? I recently read in the press that, according to a study by the University of Fribourg, one child in ten is still regularly punished by slapping. It also mentions that many children are punished by being put under cold water by their parents. Child protection associations...

Maintenance contribution changes "I receive a modest monthly contribution from my ex-husband for both my son's and my own maintenance. I've learnt that my ex-husband is much better off now than he was at the time of the divorce, so is it possible to change the maintenance payments he makes to me? Rita, Carouge At the time of the divorce,...

Shared life insurance in the event of divorce? I am the beneficiary of a life insurance policy in my name. Does it have to be split in the event of divorce? And what about my third pillar? Annabelle There are three types of matrimonial property regime in Switzerland: participation in acquests, separation of property and...

A payment that has become superfluous "Since 1988, under the divorce decree that dissolved our marriage, I have been paying my ex-wife a maintenance allowance of CHF 50 per month. Today, I'm retired and receive a very small pension. My ex-wife is also retired but has inherited her mother's...

Hypothetical income fixed in divorce proceedings "I've been married for a year and I've just found out that my wife wants to file for divorce. We have a 9-month-old child. I'm currently unemployed. I've heard that it's possible for the judge to take a hypothetical income into account when setting...

Voluntary guardianship: what are the conditions? "In view of his disastrous way of managing his administrative obligations, my uncle wants to submit to voluntary guardianship. Can you tell me under what conditions he could benefit from this measure? Cédric Article 390 of the Civil Code authorises voluntary guardianship, at the request of...