You can consider divorce in four cases: (1) both spouses agree to divorce; (2) you have been living separately for two years — consult us beforehand; (3) continuing the marriage has become unbearable — while this is often not readily accepted, consult us to determine if your situation falls under this provision; (4) you wish to avoid jurisdiction abroad (meaning your spouse filing for divorce in another country) — while this case is not explicitly provided for by law, we handle it with our experience. Consult us. If you do not meet any of these conditions, you can: (1) obtain a legal separation judgment; (2) prepare for divorce while preserving assets; (3) obtain precise information about what to expect in Switzerland and thus decide what you want to do. Swiss law broadly recognizes marriage; therefore, the place of marriage often matters little in determining Swiss jurisdiction. Consult us if you have any doubts.
DIVORCE
Related questions
Divorce
When is an assessment recommended?
We advise conducting one during significant life events—such as the birth of a child, before marriage, before relocation, or before purchasing a house. Our role isn't to make decisions for you but rather to highlight the advantages and disadvantages of various options while helping protect your interests.
Divorce
How is alimony/maintenance determined?
The Swiss maintenance contribution system has two main categories based on income levels: one for cases where income significantly exceeds the standard of living (where maintenance is based on that standard, known as the one-step system), and another for cases where income is lower (the two-step system). In the latter case, a detailed calculation system prioritizes expenses in this order: first the basic needs of the paying parent, then the children's needs, followed by the custodial parent's needs, then the non-custodial parent's needs. Any remaining money is distributed among the parties according to a distribution formula. This system offers considerable flexibility, starting with income calculation—judges can even attribute a hypothetical income different from actual earning.
Divorce
What are the rules regarding forced heirship?
The rules underwent a drastic change with the new inheritance law that came into force in January 2023. The forced heirship portion is now reduced to half of the statutory share for children and spouse. The parents' forced heirship has been eliminated. With this clarification, Swiss law does not automatically invalidate a will in case of violation of forced heirship rules. Proper legal advice can in practice give you good chances of significantly increasing your room for maneuver.
Divorce
Can prenuptial agreements be made under Swiss law?
Yes, but its meaning differs from what is commonly understood in Anglo-Saxon countries. Swiss law recognizes two types of prenuptial agreements: The first type is statutory, allowing spouses to choose from three matrimonial property regimes established by Swiss law. The second type, based on case law, allows spouses to make binding pre-arrangements about divorce effects under specific conditions. The topic is quite technical. You can find the lecture given by Damien Hottelier on this subject here.