If you require a specialized lawyer to assist you in your divorce, separation, or dissolution of your registered partnership, do not hesitate to contact us for advice as soon as possible with one of our lawyers.
We do not provide standard documents. Instead, a lawyer will assist you from the start to the end of your proceedings. We will meet with you and personally accompany you throughout the process of your divorce, separation, or dissolution of your registered partnership, remaining at your full disposal.
Divorce in Switzerland
Most divorces in Switzerland occur by mutual consent, agreed upon between the spouses. However, contentious divorces based on unilateral requests also exist.
In brief:
- Since the introduction of the new Swiss divorce law on January 1, 2000, the concept of fault in divorce no longer exists. Thus, trying to determine who is at fault in the divorce or who caused the separation has no legal impact.
- The estimation and definition of post-divorce contributions will be determined by the court. A specialized lawyer can assist you in calculating the maintenance contribution.
- Parental authority over children will be granted by the judge. The same applies to determining the conjugal residence, which is done according to a standard developed by the competent authorities. This decision ensures the well-being and development of the children are preserved.
- Contentious divorces, where agreement is hard to achieve, can be very expensive. Indeed, when a couple cannot agree on anything, the process can take months or even years, further hurting the children who not only have to cope with their parents’ separation but also witness their ongoing conflict. Before engaging in such a painful procedure, it is essential to ask yourself: is it really necessary to win against your ex-spouse at the cost of your children’s potential lifelong trauma?
- Opting for an amicable divorce allows the couple to avoid exposing the darker aspects of their shared life to the public and helps prevent exacerbating the situation with insults.
- An amicable divorce is the quickest process if you wish to end your union swiftly. Indeed, the judgment can be issued in a relatively short period, whereas a contentious divorce requires the couple to have been separated for at least two years before they can start the procedure with a unilateral divorce request.
Conditions for Divorce in Switzerland:
Be a married couple, and
One of the spouses must reside in Switzerland, regardless of whether you are Swiss or foreign nationals.
Protective Measures of Conjugal Union (MPUC)
When spouses are not (yet) divorced, whether for purely personal reasons or procedural issues, such as in the presence of a unilateral divorce requiring a two-year separation, the judge may order protective measures of the conjugal union, also known as MPUC, to rebalance the situation of the separated couple.
The purpose of the protective measures of the conjugal union is to allow a couple in difficulty to attempt reconciliation and/or to manage their daily life during and after separation.
If the primary goal is not achieved, the MPUC function to protect the rights of one or both spouses.
It is possible to request the competent court to order measures even while the common life is not suspended. These primarily include:
- Determination of the family maintenance contribution;
- Determination of the contribution to the spouse who manages the household and/or children; and
- Withdrawal of the power to represent the couple.
The measures required by one or both spouses and pronounced by the judges when the couple is separated mainly concern:
- Custody of the children and visitation rights;
- Allocation of the family home, which is generally awarded to the parent who has custody of the children;
- Spousal maintenance contribution; and
- Child maintenance contribution.
