Switzerland Divorce Guide: Laws, Process & Costs
Everything you need to know about divorce in Switzerland.10 in-depth guides covering your rights, costs, and options.
Legal System
Civil law
Divorce Type
Mutual consent or 2-year separation
Waiting Period
None (mutual) / 2 years separation
Average Cost
CHF 2,000–50,000+
Property System
Errungenschaftsbeteiligung (participation in acquisitions)
Residency
Domicile or 1 year residence in Switzerland
Divorce Law in Switzerland: Overview
Switzerland's divorce law is federal, but each of the 26 cantons has its own court system and procedural rules. Mutual consent divorce has no waiting period — couples can file jointly and divorce relatively quickly. Unilateral divorce requires proving a 2-year separation. The default property regime is 'participation in acquisitions' (Errungenschaftsbeteiligung) — each spouse keeps their own property but gains during marriage are equalized. Switzerland is notable for mandatory pension splitting (BVG/LPP), and its high cost of living makes both alimony awards and legal fees among the highest in Europe.
Key Legislation
Zivilgesetzbuch (ZGB) Articles 111-134
Federal divorce law: grounds, effects, and procedures.
ZGB Articles 196-220
Default property regime: participation in acquisitions.
BVG (Federal Law on Occupational Retirement)
Mandatory pension splitting at divorce.
Grounds for Divorce
- ●Mutual consent: both spouses agree (no waiting period)
- ●Unilateral: 2 years of separation required
- ●Hardship clause: earlier divorce if continuing marriage is unreasonable (rare)
How to Divorce in Switzerland: Step-by-Step
Mutual petition
File jointly with a complete convention (agreement on all terms).
Court hearing
Both spouses must appear personally. Judge interviews each separately.
Convention review
Judge ensures the agreement is fair and informed consent was given.
Divorce decree (Urteil)
Issued at the hearing or shortly after.
Pension splitting
Court orders the pension institutions to transfer credits.
Recent Legal Reforms
Reformed pension equalization: now considers all pension types, including early withdrawal.
Major reform: eliminated fault-based divorce, introduced current system.
What Makes Switzerland Divorce Unique
- →26 cantons with different court procedures — choosing the right canton matters
- →Mandatory pension splitting covers all types of occupational pensions
- →High cost of living means higher alimony and legal fees than most European countries
- →Personal appearance of both spouses before the judge is mandatory
Switzerland Divorce Statistics
~40% of marriages
Divorce rate
2-6 months
Average duration (mutual)
1-3 years
Average duration (contested)
CHF 5,000-15,000 (mutual), CHF 20,000-50,000+ (contested)
Average cost
Switzerland Divorce Guides
Switzerland Property Division
How assets and debts are divided
Switzerland Spousal Support
Maintenance and alimony
Switzerland Child Custody
Custody and parenting arrangements
Switzerland Divorce Process & Timeline
Steps and how long it takes
Switzerland Divorce Costs
Fees, costs, and legal aid
Switzerland Child Support
Financial support for children
Switzerland Uncontested Divorce
When both spouses agree
Switzerland Divorce Mediation
Alternative dispute resolution
Switzerland Divorce & Taxes
Tax implications of divorce
Switzerland Domestic Violence & Divorce
Safety and legal protections
Every situation is different
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Legal Disclaimer: This article covers Switzerland divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in Switzerland for advice specific to your situation.