Divorce Procedure in Switzerland: Key Steps

Two Divorce Paths

Joint Request with Full Agreement (art. 111 CC)

Spouses agree on the principle and all effects. They submit a joint request with an agreement on all divorce effects. The judge interviews the spouses, verifies free and informed will, and if conditions are met, pronounces the divorce. This can be completed in 2-6 months.

Joint Request with Partial Agreement (art. 112 CC)

Spouses agree on the principle but not all effects. The judge decides the contested points. Takes longer due to investigation needed.

Unilateral Petition (art. 114 CC)

After two years of effective and continuous separation. ATF 128 III 1 admits separation under the same roof if spaces are clearly separated.

Divorce for Serious Reasons (art. 115 CC)

Before two years, if serious grounds not attributable to the petitioner make the marriage unbearable (violence, severe addiction, mental illness). Interpreted restrictively (ATF 127 III 129).

Court Proceedings

The court at either spouse's domicile has jurisdiction (art. 23 CPC). Interim measures may be ordered (art. 276 CPC): home allocation, provisional custody, provisional maintenance. Children must be heard (art. 298 para. 1 CC).

Effects of Divorce

The judgment addresses: liquidation of the matrimonial property regime (art. 120 CC), occupational pension sharing (art. 122 et seq. CC), spousal maintenance (art. 125 CC), parental authority, custody, visitation (art. 296 et seq. CC), and child maintenance (art. 285 CC).

The divorce takes effect when the judgment becomes legally binding.