Divorce Guide

Divorce Guide

Divorce in Switzerland

Divorce is a process that involves lot of intricacies. It is a messy affair and needs to be dealt with lot of care. A set of laws are involved in a divorce process and it is mandatory to follow them. The Swiss Code of Civil Law regulates marriage, separation and divorce in Switzerland.

Nobody gets married with a desire to get divorced one day. But sometimes this marriage becomes a burden which cannot be borne further. At this time, couples look at divorce as the only solution to their problems. There can be many reasons why spouses seek for divorce. It can be adultery, verbal and mental abuse, incompatibility, abandonment and irreconcilable differences.

Divorce in Switzerland

In Switzerland, a couple can get divorced in different ways as explained below:

Divorce by Mutual Consent:

Divorce by mutual consent is of two types.

  • First by comprehensive agreement in which the divorcing couples together apply for divorce. Here they need to submit an agreement on the consequences of the divorce along with the required proof. They also need to agree on child custody, child support and visitation issues. The court then hears them separately and jointly. The court authorizes the agreement on being convinced that both parties are willing to get divorced. After the hearing, a two month consideration period is allotted to the divorcing spouses. At the end of this period, if the spouses confirm their desire to divorce, the court grants the divorce decree.
  • Second, by partial agreement in which the divorcing couples can together apply for divorce stating that they wish the court to issue a judgment on the disputed consequences of their divorce. In partial agreement, the court gives its verdict on the unresolved issues of divorce.

If by any chance the court feels that the prior requirements for divorce by mutual consent have not been met by the spouses, it gives them a chance to change their divorce by mutual consent to a contested divorce.

Contested Divorce:

In order to apply for a contested divorce in Switzerland, either of the spouses has to live separately for a minimum period of two years or at the time of switch from a divorce by mutual consent to contested divorce.

The Divorce Agreement

Spouses must be very careful while making a divorce agreement. Once the agreement gets finalized by the court, it is really difficult to come back to it. This agreement acts as a proof that both you and your spouse had agreed on the various issues of divorce. The divorce agreement regulates on issues like distribution of property between the spouses, alimony, spousal support, and division of payments of any debts or liabilities. Moreover, it also regulates on issues related to children (if any) from the marriage like child custody, child support, and child maintenance and visitation rights.

Getting divorce in Switzerland can become easy if spouses are aware of the divorce laws. It is better to hire a good lawyer if you are seeking divorce and are not much aware of the legalities.

You can find some more information on divorce in Switzerland in the following articles:

Divorce in Europe

Divorce and Children
Divorce Laws
Financial Issues
Legal Information
Divorce in Switzerland
Divorce Advice for Europeans
Post Divorce Issues
Divorceand Legal Assistance

Divorce in Australia

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