DIVORCE AND FAMILY LAW
Divorce related matters
Going through divorce can be a painful process that may seem even more difficult and complicated when living abroad. Indeed, when the divorce involves international aspects (ex. in case of the dissolution of a binational marriage), issues such as the applicable law to the divorce and to the ancillary effects need to be well assessed as the consequences may differ considerably from one jurisdiction to another.
Avoid damaging mistakes to you or your family.
As expatriates, the decision to divorce in Switzerland shall be thoroughly analyzed in order not to commit damaging mistakes to you or your family. Some answers to most of the important and frequently asked questions can be found here. In any case, if you are dealing with one of these issues and need some help to cautiously conduct a divorce procedure; please don’t hesitate to get in touch with our team.
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Our consultations typically cover the following issues:
- Separation proceedings
- Divorce proceedings
- Maintenance payments
- Parental rights
- International situations
- Pension fund issues
- Recovery of maintenance payments
In the case of additional assistance, the activity is charged on an hourly rate basis.
Assets and personal funds
What consequences has a divorce on assets and personnal funds of each spouse?
Frequently asked questions about divorcing in Switzerland
Rules governing divorce in Switzerland offer many possibilities for spouses to legally end their relationship; through a joint request or a at the petition of one spouse under certain conditions. Procedural rules are not hard to get and apply, however, it’s important not to neglect any detail in order to swiftly carry out the divorce procedure and make the entire process as painless as possible.
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In Switzerland, in application of the clean-break principle, spouses are expected to individually provide for their own needs post-divorce. In this jurisdiction, the marital solidarity principle, dictating some kind of support from one spouse to the other only applies when the latter is not able to independently do so. This is mainly the case when the marriage decisively influenced the economic situation of the spouse in need.
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Spouses are free to decide on the fate of their own assets post-divorce. It’s up to them to select a marital regime that fits their best interests. If they forget to discuss that issue or can’t reach an agreement, the default scheme will apply; they will have to equally share each and every asset they acquired during their marriage…
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As expatriates, a divorce will probably lead to an important change in your administrative status regarding your ability to stay on Swiss territory. It’s therefore crucial not to neglect any detail and be careful to regularize your situation as soon as possible.
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Divorce in Switzerland ?
- Under which conditions can you divorce in Switzerland ?
- Divorce by filling a joint request. How does it work?
- How long does it take?
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Independent Swiss Attorneys
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Fiona Scherrer
Attorney-at-Law, Geneva Bar
Family law / Employment law / Tenancy Law
Languages: English, French, German
Matteo Detraz
Attorney-at-Law, Geneva Bar
Inheritance Law / Employment Law / Family Law
Languages: English, French, German
Fabien Gillioz
Attorney-at-Law, Geneva Bar
Start a company in Switzerland / Corporate Law
Languages: English, French
Jean-Yves Haussmann
Attorney-at-Law, Geneva Bar
Start a company / Corporate Law
Languages: English, French
Nicolas Mossaz
Attorney-at-Law, Geneva Bar
Family Law / Employment Law / Inheritance Law
Languages: English, French
Gabriel Raggenbass
Attorney-at-Law, Geneva Bar
Inheritance Law / Tenancy Law
Languages: English, French
Articles about Divorce in Switzerland
Browse our free content topics below. Some answers to most of the important and frequently asked questions can be found here.
What happens in case of divorce while living in Switzerland ?
When people married abroad but currently domiciled in Switzerland wish to divorce, the first question to ask is that of the competent authorities. As a...
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Divorcing and maintaining your B permit: How to proceed
A recent court judgment pronounced in Zurich has highlighted the fact that maintaining a B permit after a divorce can be sometimes challenging when the...
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Matrimonial home: Which spouse can stay in the case of separation
Jean-Yves provides an overview of the criteria applied by the judge for the allocation of the matrimonial home when a separation takes place. In principle,...
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Splitting the 2nd Pillar pension fund between spouses after a divorce: a matter of controversy
Splitting assets and pension funds when divorcing requires a thorough understanding of the Swiss pension system. With a rate of divorce of almost 50% in...
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