Divorce in Switzerland Procedure, costs and legal basis

In Switzerland, one in three marriages ends in divorce – a situation that is difficult enough. This makes it all the more important to understand the process and financial consequences of divorce. This guide explains the process of divorce in Switzerland and provides you with the key facts so you can navigate through this challenging time in an informed manner.

Divorce brings not only emotional challenges, but also numerous legal and financial issues. What do you have to do if you get divorced in Switzerland and what are the consequences? A professional pension consultation helps you minimize risks and make the right decisions for your future.

Divorce in Switzerland: procedure

The procedure for a divorce in Switzerland depends on whether it is by mutual consent or contested. If by mutual consent, both spouses agree to the divorce; if contested, only one person wants the divorce.

Divorce by mutual consent: this is what you need to do

If both spouses want a divorce, a divorce by mutual consent is the quickest and most cost-effective way in Switzerland. To do so, you must jointly submit the divorce application to the competent court. The following documents must be enclosed with the divorce petition:

• Letter recording the intention to divorce – signed by both spouses
• Divorce settlement with the consequences of the divorce: pension benefits settlement, matrimonial property rights, custody arrangements, maintenance contributions, which party stays in the family home, etc.
• Other documents such as childcare receipts or insurance receipts

If there is a marriage contract under Swiss law, it can also be taken into account, especially if it already includes agreements on the division of assets or maintenance.

The court examines the documents for completeness and appropriateness. If the documents are approved, the spouses are invited to appear in court together.

At this hearing, both persons will be interviewed separately and jointly about the divorce. The court makes sure that both spouses want the divorce and that the decision is well-considered. The court checks whether the content of the divorce settlement can be approved – if necessary by consulting the children. If all documents are admissible, the court will grant the divorce.

In Switzerland, the cost of a divorce by mutual consent varies from canton to canton and can be as high as CHF 2,600.

Mediation in divorce: opportunity for an amicable solution

Mediation can make sense in a divorce if both parties generally agree to organize the separation in a respectful and cooperative manner. The aim is to find an amicable solution to the key points of a separation with the help of a neutral third party.

How does mediation work?

Mediation in divorce usually proceeds as follows:

1. Preparation and clarification of the application: mutual expectations are clarified and a mediation agreement is prepared.
2. Discussion topics gathered: possible contentious issues, differences of opinion and unclear issues are brought to the table.
3. Needs clarified: each party can state their interests and concerns openly.
4. Potential solutions developed: various solutions are worked out together with the mediator.
5. Evaluation and decision: the potential solutions are examined and discussed. A path is chosen that works for all parties involved.
6. Agreement recorded: the selected solutions are formulated in a written agreement, checked for feasibility, and signed by both parties.
7. Divorce petition submitted to court: the agreement reached must be submitted to the court during divorce proceedings and approved by the court.

Contested divorce: this is what you need to do

A contested divorce is where only one person wants a divorce. In this case, a divorce petition must be filed with the competent court. The prerequisite is that the spouses must have been separated for two years or the marriage is intolerable due to unreasonable behavior.

The spouse must respond to the divorce application. The competent court summons the parties to a divorce hearing and first checks whether the conditions for divorce (two years of separation or unreasonable behavior) have been met. The parties must substantiate their claims and, if necessary, submit evidence before the court can give a judgment. If possible, an amicable agreement is drawn up between the parties, even if there is dispute. Otherwise, the court must decide.

In many cases, it is advisable to consult an experienced lawyer.

Due to the complexity of contested divorces in Switzerland, the proceedings can cost up to CHF 10,000. The fees vary from canton to canton.

Legal basis of divorce in Switzerland

Part Four of the Swiss Civil Code (SCC) governs the legal basis for divorce in Switzerland. It ensures that fair arrangements can be made for all parties involved. The consequences of divorce on the following subjects are also defined in the SCC:

• Change of name after divorce
• Matrimonial property disputes
• Claims under inheritance law
• Family apartment
• Occupational benefits
• Post-marital alimony
• Rights and obligations of parents in relation to their children

Divorce and finances: How assets are divided

In the event of a divorce in Switzerland, the spouses’ assets are divided. The matrimonial property regime chosen upon marriage determines how the division takes place.

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

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

Pillar 1: pension assets from the state pension scheme

OASI assets paid in during the marriage are divided up equally. This involves splitting the assets.

Pillar 2: pension assets from occupational benefits insurance

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

Pillar 3: pension assets from private pension insurance

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

• Community of accrued gains (ordinary matrimonial property regime): the pension assets accumulated 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 individual assets and is not split.
• Community of property: under community of property, there is basically no distinction between accrued and individual property. Everything acquired during the marriage is joint property and divided equally upon divorce.
• Separation of property: everyone keeps their own pension assets – there is no division.

Please note the following:

If Pillar 3 is divided upon divorce, this must be clearly stated in the divorce agreement. If you have a tied pension (Pillar 3a), the money must remain within the pension system , meaning it can be transferred to your ex-partner’s Pillar 2 or Pillar 3a pension.

Our tip: Plan your financial future early

Plan your financial future during your marriage and make sure that you have the necessary financial resources even after a possible divorce. With professional pension planning, you not only have an overview of your finances, but are also optimally protected for your old age upon divorce.