Divorce in Switzerland: A guide

In Switzerland, divorce is filed for every third marriage – a situation that is difficult enough. This makes it all the more important to understand the process and the financial consequences of divorce. This guide gives you the key facts to keep you well informed so you can navigate through this challenging time.

Divorce brings not only emotional challenges, but also numerous legal and financial issues. What is the procedure in the event of a divorce in Switzerland and what are the consequences? Professional pension advice helps you minimize risks and make the right decisions for your future.

Divorce in Switzerland: Process

In Switzerland, a distinction is made between an amicable and a disputed divorce.

Amicable divorce: This is what you need to do

If both spouses want to divorce, they can file the divorce petition together with the competent court. The following documents must be enclosed with the divorce application:

• Letter setting out the divorce intention – signed by both spouses
• Divorce agreement with the divorce consequences: Pension benefits settlement, matrimonial property disputes, custody arrangements, contributions towards support, housing, etc.
• Other documents such as receipts for childcare or insurance receipts

If there is a marriage contract under Swiss law, this can also be taken into account, in particular if it already contains agreements on the division of assets or support.

The court checks the documents for completeness and appropriateness. Once the documents are approved, the spouses are invited to a joint court appointment.

At this hearing, both people are interviewed individually and jointly about the divorce. The court verifies that both spouses submit the divorce petition voluntarily and that this decision is well considered. It will review whether the contents of the divorce agreement can be approved – in some cases in consultation with the children. If all the documents are admissible, the court issues a divorce.

If both spouses agree to the divorce, the divorce process lasts on average only one to six months. The divorce becomes legally binding immediately after the judgment has been delivered.

The costs of an amicable divorce vary from canton to canton in Switzerland and can amount to up to CHF 2,600.

Divorce in dispute: This is what you need to do

If only one person wishes to divorce, this is a disputed or contentious divorce. In this case, divorce proceedings must be filed with the competent court. This is subject to the condition that the spouses have lived apart for at least two years or that the marriage is insupportable for serious reasons.

The other spouse must respond to the divorce petition. While the conditions for divorce are being reviewed, the competent court summons the spouses to divorce proceedings. During the main hearing, an amicable agreement is drawn up between the parties. They must substantiate their request and provide evidence before the hearing is concluded with a judgment. In many cases, it is advisable to have the support of an experienced lawyer.

A disputed divorce is very complex and can take anywhere from a few months to several years. Divorce due to insupportability usually takes place more quickly as there is no need to wait for the separation period.

Due to the complexity of disputed divorce in Switzerland, the process can cost up to CHF 10,000. Fees vary from canton to canton.

Legal basis of divorce in Switzerland

Swiss divorce law is governed by Chapter IV of the Civil Code (SCC). It ensures that fair arrangements are made for all parties involved. The SCC also defines the consequences of divorce with regard to the following topics:

• Change of name after divorce
• Dispute relating to property law
• Inheritance rights
• Family apartment
• Occupational benefits
• Post-marital support
• Parents’ rights and obligations in relation to their children

Divorce and finances: How assets are divided

In the event of a divorce, the assets of the spouses are divided. The matrimonial property regime chosen at the time of marriage determines how the division is carried out. You can find out more about accrued gains, separation of property and community of property in the blog “Sharing finances in case of divorce: This applies in Switzerland.”

Pension assets in the event of divorce: Fair distribution of retirement assets

Regardless of whether the divorce is amicable or contentious, the spouses’ pension assets must be divided. A distinction must be made between Pillar 2 (occupational benefits insurance) and Pillar 3 (private pension provision): 

Pillar 2: Pension assets from occupational benefits insurance

Pension assets from Pillar 2 are subject to the pension benefits settlement and are generally divided in half – as required by law. However, there are exceptions that need to be taken into account depending on the situation.

Pillar 3: Private pension assets

Private pension provision does not fall under the pension benefits settlement, but is governed by the matrimonial property regime:

• Community of accrued gains (ordinary property regime): The pension assets saved with the income count as accrued gains and are therefore divided equally. If the money was acquired through an inheritance, for example, it remains part of your own assets and is not divided.
• Community of property: In the case of a community of property, there is basically no distinction between accrued property and own property. Everything that is acquired during the marriage is joint property and is divided in half in the event of divorce.
• Separation of property: Everyone keeps their own pension assets – there is no division.

Important: If Pillar 3 is to be divided in the event of divorce, this must be clearly stated in the divorce agreement. If the pension is restricted (Pillar 3a), the money can only remain within the pension system – i.e. it can be transferred to Pillar 2 or a Pillar 3a pension of the ex-partner.

Our tip: Plan your financial future early

Plan your financial future even during the marriage and make sure that you have the necessary financial resources even after divorce. Professional pension planning not only gives you a financial overview, but also gives you optimum protection for your retirement in the event of divorce.