Switzerland
An international divorce is very different from other divorces.
Consideration must be given to the court’s jurisdiction, applicable law, recognition of the foreign marriage and enforcement of the court’s order.
When a parenting plan has to be made, it is more complicated when the parents do not live in the same country.
On this page you can read how this is regulated in Switzerland.
Country Reporter:
Vanessa Ndoumbe Nkotto
Vanessa has a broad experience with family law, both nationally and internationally.
She works in Geneva, where she is a partner at Oratio Fortis Avocates.
Vanessa has volunteered to keep this page about Switzerland up to date.
Lawyers and mediators in Switzerland
We provide a list of lawyers and mediators in Switzerland, who can assist you with your international divorce.
Divorce procedure: Switzerland
Starting the procedure
In Switzerland, the divorce can be a contentious one or an amicable one. Both require a court decision.
There are three grounds of divorce:
– divorce at the petition of one spouse provided spouses have been living separated for at least two years: the requesting spouse has to prove the separation of two years. In that case, the other spouse cannot refuse to divorce;
– divorce for irretrievable breakdown: if the requesting spouse can prove that the marriage has irretrievably broken down for compelling reasons for which he or she is not responsible, he or she can file for divorce before the expiry of the two-year separation.
The compelling reasons are given for instance in very grave cases of domestic violences. In practice, this ground for divorce is rarely accepted by the courts;
– divorce with the consent of both spouses on the principle of divorce: spouses can divorce before the two-year separation when they both agree on the principle of the divorce. It does not matter if they also agree on all or part of the accessory effects of divorce.
In the contentious procedure, the usual steps are roughly the following:
– filing of the divorce petition by the requesting spouse;
– a first hearing where the judge will hear the spouses and try to bring them to reach an agreement;
– when no agreement is found at this first hearing, the respondent spouse is given a deadline to file his respond petition;
– another hearing is set to discuss the evidences of the parties, which is the investigation phase (witnesses, expertise, request for disclosure of documents by the adverse party, etc). At the end of the hearing or later, the judge delivers a decision regarding the evidences that each party has to submit, the witnesses that are allowed to testify and the implementation of an expertise;
– then there is one or more hearings for the investigation phase: hearing of the witnesses, of the parties, of the experts, etc;
– finally there are the final pleadings that are normally oral, but that can be written provided both parties agree;
– after the final pleadings, the judge delivers his or her decision, which can be appealed.
The accessory effects of divorce to be decided by the judge are the attribution of the marital home, the spousal maintenance, matters related to the children (parental authority, physical custody, visitation rights, maintenance, relocation), division of assets, division of the retirement pension.
Mediation
Mediation is not mandatory in Switzerland. However, it is becoming more popular. Parties can start a mediation process before or after the beginning of divorce proceedings. The judge can also refer the parties to a mediation, usually after the first hearing.
Filling evidence
Evidences concerning children can be filed at any stage of the proceedings.
Evidences concerning only the parties, such as those related to the spousal maintenance or the division of assets for instance must usually be submitted before a certain stage of the proceedings, i.e the opening of the investigation phase. After that, the party that want to submit additional evidences must prove that they are new ones or that he or she did not have the possibility to submit them before.
Duration
The contentious divorce proceedings usually last a minimum of one year, but can go to three years or more. The length of the proceedings varies depending on the evidences to be administrated: for instance, it will be longer if a social report or an expertise are implemented.
Court hearing
The number of court hearings in the divorce proceedings will depend on the complexity of the case. Parties who do not speak the language of the proceedings can request for the assistance of a translator.
Decision- Registration of the Divorce
The divorce judgment is notified to the parties by the court. Notification opens the deadline for filing an appeal. If no appeal is filed at the end of this period, the divorce judgment is final.
Difference between marriage and registered partnership
Since July 1st 2022, marriage is open in Switzerland to same sex couples.
Before that, only registered partnership was open to same sex couples. Since marriage for all, it is not possible anymore to enter into a registered partnership. Couples bound by a registered partnership have the possibility to maintain it, or to convert it into a marriage.
The matrimonial regime by default in a registered partnership is separation of assets, when it is participation in acquired property in case of marriage.
The termination of a registered partnership also requires a court decision. However, there are some differences with marriage: for instance, the lengh of separation required is one year instead of two years in case of marriage.
Amical divorce: Switzerland
Amical divorce is a judicial procedure in Switzerland.
When spouses agree with the principle of divorce and all its accessory effects, they can sign a divorce agreement, that will afterwards be submitted, with the supporting documents, to the court for ratification. A hearing is set by the court. Each spouse is heard separately by the judge. The aim of this separated audition is to ensure that each spouse has understood what he signed.
Following this separated audition, parties are heard together by the judge. If the judge finds no impediment to the ratification of the agreement, he issues a divorce judgement.
If a party does not confirm his or her willing to divorce and his or her consent with the agreement, the amical divorce is transformed into a contentious divorce.
Treaties and regulations: Switzerland
Switzerland is for instance party to the 1980 Hague Convention and the 1996 Hague Convention.
Switzerland is also party, amongst others, to the Lugano Convention and the 1973 Hague Convention on the Law Applicable to Maintenance Obligations.
In presence of an extraneous element, the Swiss Private International Law (PIL) applies when no multilateral or bilateral treaty is applicable.
Court decisions: Switzerland
Interim Decisions
Interim decision, if needed, can be requested at the very beginning of the proceedings, for instance at the same moment than the filing of the divorce petition, or at any other stage of the proceedings. It will usually concern the custody of the children, maintenance for the children, spousal maintenance, but also the freezing of assets, if the conditions are met.
Marital Dwelling
In the divorce judgment, the judge will have to grant the marital house to one of the spouse. This decision is irrespective of the ownership of the house. Usually, the marital home is granted to the parent who is granted full custody of the children. The attribution of the marital home which is the property of a spouse to the other one is for a limited period of time and in return for a fair compensation.
Division of Assets
The division of assets usually takes place at the same time than the divorce, since in Switzerland the principle is the unity of the divorce judgment: all the accessory effects of the divorce have to be delt with in a unique judgment. In presence of just cause, for instance when it appears that because of the division of the assets the divorce proceedings will last too long, the division of assets can be referred to a separate procedure.
Alimony
In terms of spousal support, the rule is the clean break between the parties. However, a spouse can be granted a spousal support under the principle of solidarity when he or she is not able to support him/herself, for instance because of sickness, the taking care of the children, etc. The judge will assess whether it is possible or not to ask the spouse requesting spousal support to find a job or to increase his or her employment rate, how much he or she is then able to make, whether it is enough to pay his or her bills and maintain his or her last standard of living. The judge is allowed to impute a hypothetical income to the spouse requesting a spousal support.
Pension
The principle is the division half/half of the retirement pension acquired by the parties from the date of the marriage to the date of the filing of the divorce proceedings. It is however possible for the spouses to renounce to this distribution. It is important to note that the judge is not bound by the parties agreement on the division of the pension, since his/her role is to ensure that each spouse has sufficient retirement benefits.
Children : Switzerland
Parental authority
Married parents both have parental authority on the children. After the divorce, the rule is the continued parental authority of each spouse, unless it is taken away from a parent or limited by the judge, which implies very serious grounds.
Main residence
The main residence of the child is with the parent that is granted the full physical custody. When the physical custody is shared or alternate between the parents, the judge will have to decide with which parent the residence of the child will be. Usually, the main residence of the child will be with the parent that can guarantee the stability of the child.
Care arrangement, international visitation schedule
When relocation of the child is requested and granted, the judge will decide on the visitation schedule. Depending on the distance between the countries of residence of both parties, the parent that benefits the visitation right can be granted more holidays time with the child.
Alimony
Alimony for the child takes into consideration the needs of the child and the resources of the parents. The Swiss supreme court has set a method for the calculation of child support, that is binding for all the courts.
Child support is scheduled until the child reaches the age of 18, and even after that age, until he finishes his education.
Relocation after separation (with reference to www.carefulchildrelocation.com)
The parent who wants to relocate abroad with the child must obtain the authorisation of the other parent who has parental authority, or the judge’s.
Voice of the child/ child interview
The child is personally heard in proceedings that concern him, providing that his or her age or other valid reasons are not against this audition. In general, there is no audition of the child before the age of six. The audition of the child is conducted under appropriate conditions, either by the judge or by a professional third party appointed for this purpose. The interview takes place without the presence of the parents.
Legal aid: Switzerland
The relevant website for legal aid in Geneva is https://justice.ge.ch/fr/theme/assistance-juridique, with the precision that each Canton has its own website.
Blogs about Switzerland
No posted blogs published yet.
Case law in Switzerland
Transparency in Family Law
The Vince v Vince case is a landmark moment in the ongoing debate about openness in family courts. It highlights the legal system’s evolving approach to balancing press freedom, privacy, and public accountability.
As England continues to refine its approach to transparency, this case serves as a key example of the challenges and progress in modernising family law.
