Swiss family law is governed by the Federal Office of Justice, whereas family affairs such as parenthood, marriage, separation, and divorce are controlled by the Swiss Code of Civil Law. Swiss divorce laws need to be strictly followed.
Separation
In Switzerland, a couple is allowed to undergo separation at will. A separation period can help a couple decide whether they want to carry on their relationship, or want to get divorced.
The couple remains married as per law even after undergoing a separation agreement. Separation occurs by a mutual agreement between the spouses. There are two options: drawing up a written separation agreement and signing it together, or reaching an oral agreement.
However, in case of litigation, a mutual arrangement of this sort is not regarded as legal title.
The consequences of a separation are:
- Spouses who live separately are still married in legal terms;
- Spouses who live separately are still obliged to support each other;
- Parents who live separately still have joint custody of their children and the separation agreement regulates parental care;
- Any change in the system of marital property is supposed;
- Spouses who live separately are generally taxed separately.
The separation agreement and issues which need to be regulated depend on your domestic circumstances:
- Who will have custody of your children?
- What will the visiting rights of the parent without custody be like?
- Who will remain in the matrimonial home and who will move out?
- Will maintence be paid, and by whom?
- Who will cover any debts from the joint household?
- Should separation of property be applied for if the circumstances warrant it ?
Divorce
By mutual consent, comprehensive agreement
Where the spouses jointly request divorce and submit a comprehensive agreement on the consequences of the divorce, along with any necessary documents and with joint applications in respect of the children, the court shall hear both spouses separately and together.
If the court is persuaded that desire for divorce and the agreement are the product of free will and careful reflection, and that the agreement with the applications in respect of the children may be approved, the court shall issue the divorce decree.
Partial agreement
The spouses may jointly request divorce and ask the court to decide matters on which they cannot reach agreement.
As in the case of comprehensive agreement, the court shall hear the parties on those consequences of the divorce on which they have reached agreement, and on their request that the remaining consequences be decided by the court.
Divorce at the petition of one spouse
I. After living apart
A spouse may petition for divorce if, at the time the petition is filed or at the time the divorce request is replaced by a divorce petition, the spouses have lived apart for at least two years.
II. Irretrievable breakdown
Prior to the expiry of the two-year period, a spouse may petition for divorce if the marriage has irretrievably broken down for compelling reasons, for which he or she is not responsible.
Consequences of Divorce
Divorce is the final dissolution of the marriage. In the case of divorce, the couple is separated in terms of the law on matrimonial property, i.e. their assets are distributed in accordance with the system of marital property.
Decisions are made about maintenance payments (alimony for children and for spouses). Decisions are also made about custody and visiting rights for the couple's children. Once a court has authorised a divorce agreement, it is exceptionally difficult reverse the decision.
The divorce agreement regulates:
- The children's needs;
- Parental rights and duties such as custody, visiting rights, and child maintenance agreements (based on property law between the spouses, such as divisions in terms of the law of matrimonial property and post-marital maintenance).
Petya Vetseva / Expatica
Resources:
www.admin.ch
www.eda.admin.ch
www.umbricht.ch/pdf
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Here's some information you should know when your marriage is on the rocks, and hot to get a lawyer and file for divorce in Switzerland.
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