In Switzerland, divorce can be requested jointly by both spouses, or unilaterally. The conditions and duration of the procedure vary according to the agreement or refusal of one of the spouses to divorce.
Who to contact
To initiate divorce proceedings, you must first contact the competent court in the canton where you live.
Would you like to divorce by mutual agreement?
If you and your spouse agree to divorce, you can file for divorce together (divorce by joint petition), along with the following documents:
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A document signed by both of you (letter or form) expressing your wish to divorce.
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You are not required to justify your decision.
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A document specifying the effects of the divorce on which you have reached agreement (divorce settlement agreement): liquidation of the matrimonial property regime, distribution of occupational benefits, child custody, maintenance contributions, housing, etc.
The court may require additional documents.
At the end of the proceedings, the judge pronounces the divorce and decides on the consequences for the ex-spouses and children. In general, he will adopt the proposals set out in the divorce agreement, unless it is manifestly unbalanced (for example, if you renounce the pension assets accumulated during the marriage to speed up the divorce) or if it runs counter to the interests of the children.
(for example, by waiving child support payments in the case of sole custody).
One spouse refuses to divorce: what can be done?
You can file for divorce even if your spouse disagrees, provided you've been separated for at least two years.
It is also possible to file for divorce before the two-year deadline, if your marriage has become intolerable for serious reasons (e.g. domestic violence).
The court will inform you of the documents you need to provide.
At the end of the procedure, the judge will pronounce the divorce and determine its consequences. He will take into account any agreements you and your spouse may have reached.
How long do divorce proceedings last?
The length of the procedure varies according to the situation. If you and your spouse have reached agreement on all the effects of the divorce, the procedure generally takes between 3 and 4 months. On the other hand, if there are still disagreements on certain points, the procedure can take several years.
Divorce costs and financial support
Divorce costs mainly include court fees, which vary between 1,000 and 4,000 francs depending on the canton, and, if necessary, lawyers' fees. The latter can range from a few hundred to several thousand francs, depending on the complexity of the proceedings.
In the event of financial difficulties, it is possible to apply for free or partially free legal aid from the State. The State will then cover all or part of the legal costs and, if necessary, the lawyer's fees.
To find out about your rights and the assistance available, contact your local divorce court.
Consequences of divorce
Divorce has a number of effects, detailed in the article entitled:
" The effects of divorce on your life ".
