Mutual consent divorce

Mutual consent divorce is the most sought-after method in Switzerland. This popularity is likely due to the time-saving and substantial cost benefits for spouses wishing to divorce, as unilateral divorce procedures are expensive and lengthy. Mutual consent divorce also often reflects the actual situation: the spouses agree to divorce; the question then arises whether there is total agreement on all the terms related to the divorce. More explanations on this are available below.

Advantages of an amicable divorce process in Switzerland

A joint petition divorce refers to a process of terminating the marital regime where most, if not all, of the procedures and terms are decided and agreed upon by the spouses themselves. With possibly the help of a jointly appointed attorney, the two spouses decide together how they will:

• Liquidate their assets (apartment, house, car, bank accounts, etc.),
• Allocate the family home,
• Divide their occupational pension plans,
• Award alimony, and
• Arrange the custody of their child(ren).

Mutual consent divorce also has the advantage of simplicity: no disputes, no protective measures of marital union (MPUC), no confrontational hearings, and no interference from external experts. Simplicity also means savings, primarily in attorney fees. An amicable divorce process can even be undertaken without the assistance of an attorney if there is total or even partial agreement, should the spouses be capable of drafting or completing an existing model of a divorce agreement and petition to the court. Importantly, it is not mandatory to be separated for a 2-year period prior to a mutual consent divorce. Indeed, in case of disagreement on the principle of divorce, a separation of at least two years is a mandatory condition for one of the spouses to then file for a unilateral divorce. This condition does not need to be met if the spouses consent to divorce.

Amicable divorce with complete agreement in Switzerland

In an amicable divorce procedure, it is the future ex-spouses who agree on the terms of their divorce. In this context, they may agree on all the terms of the divorce, which is then known as an amicable divorce with complete agreement. The terms of the divorce primarily include:

• Custody arrangements for the children,
• Allocation of the family home to one of the spouses,
• Liquidation of the spouses’ assets, including bank accounts, occupational pension plans, vehicles, real estate, furniture, etc., and
• The portion of alimony awarded to one of the spouses. These terms, commonly referred to as the ancillary effects of the divorce, are detailed in a divorce agreement that is submitted to the court for ratification in a joint divorce petition. If the spouses cannot agree on some of the points mentioned above, but still agree on the concept of divorcing, we are then in the presence of an amicable divorce with partial agreement.

Amicable divorce with partial agreement in Switzerland

As indicated above, a mutual consent divorce with partial agreement occurs when the ex-spouses agree to divorce but do not agree on certain ancillary effects, such as the amount of alimony or the allocation of the family home or the arrangements concerning the custody of the children. It is then up to the judge to decide on the modalities on which the spouses do not agree. The judge will issue a judgment based on the documents provided in the divorce agreement and divorce petition, as well as following one or more hearings and possibly the involvement of experts.