KESR-ABC

If a married couple wants to separate, they can settle the consequences of separation amicably between themselves. The spouses can apply to the court with an elaborated agreement and apply for divorce. They can also live separately on the basis of the agreement. If a maintenance contribution has to be claimed by legal action, an official decision is mandatory. If the spouses do not agree on important matters, such as childcare, visitation rights or current maintenance, they can ask the authorities to settle the matter. It is sufficient for one spouse to apply for matrimonial protection orally or in writing to the competent court (Art 175 ZGB). After two years of living apart, one party may file for divorce even against the will of the other.

The KESB or the court can advise or order separated parents who are constantly arguing about children's issues to undergo mediation. The aim of this measure is to persuade the parents to work out solutions for their childcare or contact, for example. They must comply with this ordered child protection measure (Art. 307 Para. 3 ZGB). The goals are precisely defined in advance, which the parents must work on with the mediators. Ideally, the mediation process will lead to a care arrangement. It should also help the parents to negotiate constructively with each other again and to work together for the benefit of their children. If the parents cannot reach a consensus, the mediation process is cancelled and the referring authority is informed. The KESB or the court will decide on further steps.