Divorce in Switzerland: procedure and deadlines
Divorce by joint request
When both spouses agree to divorce, they can file a joint request (art. 111-112 CC). If they also agree on the effects of the divorce (maintenance, property, pension, children), the procedure is simplified. Absent full agreement, each spouse can put forward their own conclusions on the disputed points, and the court rules on those points while pronouncing the divorce.
Divorce after suspension of the joint household
If only one spouse wishes to divorce, art. 114 CC allows them to request divorce after a two-year separation. This period runs from the cessation of the joint household, whether through physical departure or, under certain circumstances recognised by case law, separation within the same home.
Divorce due to irretrievable breakdown
Exceptionally, art. 115 CC allows a request for divorce before the two-year period has elapsed, if continuing the marriage would be unbearable for serious reasons not attributable to the applicant, for example serious domestic violence.
How the procedure unfolds
The procedure takes place before the civil court of either spouse's domicile. Alongside the divorce judgment, it settles the ancillary effects: maintenance between spouses, division of marital property, division of occupational pension assets, and arrangements for the children (parental authority, custody, maintenance contribution).
Frequently asked questions
Can you divorce without your spouse's consent?
Yes, after a two-year separation (art. 114 CC), a spouse can request divorce even without the other's consent. Before that period elapses, this is only possible exceptionally due to irretrievable breakdown (art. 115 CC).
Is a lawyer mandatory to get divorced?
No, representation by a lawyer is not mandatory in civil matters in Switzerland. It is, however, strongly recommended as soon as complex financial or parental questions are at stake.
How long does a divorce procedure take in Switzerland?
This depends heavily on how much the spouses agree and on the workload of the court seized: a joint-request divorce with full agreement can conclude within a few months, while a contested procedure can take several years.
What is divorce by mutual consent?
This is the common name for divorce by joint request with full agreement on the effects of the divorce (art. 111 CC): the spouses submit an agreement to the court covering all points, which the court approves if it finds it consistent with the interests of the parties and any children.