From conflict to agreement: divorce agreement

What is a divorce convention?

A divorce convention, also known as a divorce agreement, is a consensual agreement between the spouses that regulates both the common will to divorce and all the consequences of the divorce.

What are the consequences of divorce?

All consequences of the divorce must be regulated in the divorce agreement, in particular post-marital maintenance, division of assets, occupational benefits, family home, children's issues, etc.

Further information on Stritte Divorce

What supporting documents must be submitted?

The following documents from each spouse must be submitted:

• For Swiss citizens: current family identity card (not older than three months; family booklet is not sufficient)
• For foreigners: Confirmation of residence
• Evidence of legally required reference values, in particular:
  • Statement of earned income / replacement income;
  • Documents on assets and debts (marriage contracts, tax returns, lists of securities, lists of debts, salary statements, 3rd pillar statement, extract from the land register, etc.);
  • Proof of the necessary living costs (housing costs, health insurance and insurance premiums, other regular fixed costs, etc.);
  • Declaration of feasibility of occupational benefit schemes.

They must be available to the court when it examines whether the divorce settlement can be approved.

What does the judicial review involve?

Once the joint petition for divorce has been filed, the court summons the spouses to a hearing in order to examine their joint intention to divorce and whether the divorce agreement can be approved. The spouses must appear in person and will be heard both jointly and separately. The court examines in particular

• The voluntariness and seriousness of the request for divorce, more precisely whether it was made on the basis of free will and careful consideration;
• The completeness and non-obvious inadequacy of the divorce convention and, where applicable, the applications relating to children's issues;
• The completeness and accuracy of the supporting documents.

The court establishes the facts of the case ex officio (principle of investigation). There is an exception in the case of property disputes and post-marital maintenance, where the spouses are in principle free to make their own decisions. The court can request the spouses to submit the necessary documents for the assessment of the property consequences of the divorce.

If there are no problems, the hearing will only take a short time (approx. 15 - 45 minutes).

What are the consequences?

If the court is convinced that the above conditions are met, it will pronounce the divorce.

If the requirements are not met, the court rejects the petition for divorce and sets a deadline for each spouse to replace the petition for divorce with an action for divorce.

How high are the court costs?

The court costs are set differently from canton to canton. Throughout Switzerland, these amount to CHF 500.00 - CHF 2,500.00.