Divorce proceedings
Divorce proceedings in Switzerland are either uncontested or contested. In an uncontested divorce, the spouses submit a joint agreement regarding property, spousal support, and child-related matters; the entire process generally takes only a few months. In a contested divorce, the court decides on the outstanding issues, which can take significantly longer. A divorce without a joint agreement generally requires two years of living apart before a petition for divorce can be filed. We guide our clients through both processes—from the initial assessment of the situation through negotiations to court approval—while securing internationally relevant assets at an early stage.
Before starting proceedings, we work with our clients to clarify the initial situation: which law applies, which assets are involved, and what arrangement for the children is reasonable and enforceable. In international cases—such as when one spouse lives abroad or holds property in multiple countries—we secure evidence and assets early on, before the opposing party can react. This preparatory phase often determines the entire course of the proceedings.
Divorce by mutual consent
If both spouses agree on the divorce itself and its consequences—division of assets, occupational pension plans, post-marital support, and child-related matters—we file a joint agreement with the competent court. The judge reviews the agreement, particularly with regard to the protection of the children, and typically approves it following an oral hearing. This approach is generally faster, less expensive, and more discreet than contentious proceedings. We draft the agreement so that it is legally sound and minimizes the risk of future disputes over amendments.
Contested divorce
If no agreement can be reached—whether regarding the divorce itself or its specific consequences—the proceedings will follow the rules of a contested divorce. A unilateral petition for divorce generally requires that the spouses have been living apart for two years; in exceptional cases, a petition may be filed earlier, such as when continuing the marriage would be unbearable for the claimant. In these proceedings, we represent our clients in negotiations and in court, with the goal of reaching a viable solution—if necessary, through multiple levels of appeal up to the Supreme Court.
While divorce proceedings are ongoing, urgent matters often need to be resolved immediately: residence, temporary spousal support, child-related issues, and the use of joint assets. We file a request for the necessary interim measures to ensure that our clients are legally protected throughout uncertain times.
In cases involving marriages with ties to multiple countries, we first determine which court has jurisdiction and which law applies—questions that will determine the course of the entire proceedings. Our network of partner law firms in more than 80 countries enables us to identify and secure assets worldwide and to enforce foreign judgments in Switzerland. We operate in German- and French-speaking Switzerland and are not an anonymous firm with rotating case managers: our clients work with the same point of contact throughout the entire process.
A divorce by mutual consent with a comprehensive settlement agreement can be finalized within a few months. A contested proceeding takes significantly longer, depending on its complexity and the number of court levels involved.
No separation period is required for a divorce by mutual consent. For a unilateral petition for divorce, a two-year period of living apart is generally required, unless continuing the marriage would be unbearable for the petitioning party.
If necessary, we will request interim measures to ensure that the children’s residence, custody, and maintenance are dealt with even while the proceedings are ongoing.
It is possible and depends on international jurisdiction law. We determine jurisdiction early on and, if necessary, secure assets through our international network of partners.
The costs depend on the chosen procedure, the assets in dispute, and the amount of work involved. We will discuss the expected costs transparently during our initial consultation.
You can always agree and you can agree to changes at a later point. Even in case of a unilateral request, significant changes in circumstances may justify a subsequent modification of your divorce ruling. We assess this on a case-by-case basis.