M^e Jean-Philippe Anthonioz

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In Switzerland, nearly 40% of marriages end in divorce. If the spouses cannot agree on the terms of their separation, a divorce can be a painful process, with significant financial consequences.

An amicable divorce (known as a "joint petition" or "divorce by mutual consent") is a more advantageous solution: it allows you to limit legal and court costs, agree on the terms and avoid endless litigation. This solution also allows you to separate on good terms, without animosity, for the good of the family and the children.

The purpose of this guide is to help you provide your lawyer with the key elements for drafting a divorce by joint petition only. It is not intended to be exhaustive or to present all possible solutions. Apart from gathering the necessary documents, the main task will be for you to reach an agreement together on the terms of the divorce ( see the key stages below).

The same principles essentially apply to the amicable dissolution of a registered partnership for same-sex couples (under the old law).

For further details on obtaining an amicable divorce for CHF 600.–, please refer to the remaining content on this page or schedule a legal consultation at   022 707 99 11  for a fixed fee (CHF 200.–).

Have you already agreed on all the elements of the divorce? Then you can make an appointment by phone or   Book an appointment online .

Table of contents

Last update : 01.02.2024

1. The lawyer proposes to carry out a divorce by joint petition (amicable) for a fixed price of CHF 600.– (VAT included) ;

2. This offer is aimed in particular at less complex cases, in which the spouses agree on all the elements of the divorce.

3. Whatis included in the fixed price:
   • The first appointment at the lawyer's office (max. duration: 1 hour) ;
   • The drafting of a joint petition for divorce, the divorce agreement en French and a list of documents (exhibit) for the Court (max. duration: 2 hour) ;
   • Correspondence (via telephone and e-mail) and advice will be provided for a maximum of 30 minutes. This includes answering any questions you may have after the appointment and guiding you through the stages of the proceedings.
4. What is not included :
   • All the items not listed above, in particular :
   • Legal fees : the invoice will be sent to you directly by the Court. In general, legal fees are between CHF 600.– and CHF 1'000.– in the canton of Geneva, depending on the complexity of the case. If the services of an interpreter are required, the cost of this will be charged to you by the Court. The division of these costs should be agreed in the divorce agreemen;
   • The costs of obtaining documents (e.g. family or mariage certificate), which will be paid by the spouses ;
   • Translation costs: documents must be submitted to the Court in French. In particular, a certified translation must be produced in relation to a foreign marriage certificate. For the divorce agreement, which must be drawn up in French by the lawyer for the Court, it is also preferable to draw up an English version if the spouses are not fluent in French.
   • Mediation : the lawyer does not act as a mediatordue to the often divergent interests of the spouses. His role is to guide the two spouses towards a solution that can be validated in court and to draft an agreement with the instructions received;
   • The lawyer's drafting time exceeds 2 hours: in principle, this should not happen; if a divorce is too complex from the outset and is likely to require a lot of work, the lawyer will point this out at the first meeting so that an agreement can be found.

In general terms, the steps in the process of a divorce by mutual agreement are as follows:

1. First, agree on the principle of divorce.

2. Then think about and agree the terms: who will keep the family home? Will alimony be paid and if so, how much? How will custody of the children be divided? Splitting of pension assets? How should property be divided between the spouses? These issues will be discussed below.

   If you find it difficult to agree sur on all aspects of the divorce, you are strongly cadvised to initiate family mediation, which is much less costly than a contentious divorce.
    List of mediation services in the canton of Geneva .

3. After completing this step, schedule an appointment with the lawyer by calling his office at   022 707 99 11  and specifying that it is for a joint petition divorce. Alternatively, you can   book an appointment online .

4. During the appointment, the lawyer will discuss the points you have agreed upon to analyze their feasibility. If a joint petition for divorce appears feasible, you will need to pay the fixed fee of CHF 600.– immediately.

   If the lawyer determines that an amicable divorce is not possible due to strong differences of opinion or more complex issues, only the consultation fee (CHF 200.–) remains payable at the end of the appointment.

5. If you have not already provided all the required documents, the lawyer will request them in writing after the interview. These additional supporting documents are necessary to prepare the joint petition for divorce.

    List of documents required to support a divorce (PDF)

6. After obtaining the necessary documents, the lawyer will prepare a joint petition and a divorce agreement. They will provide you with a draft and finalize it after receiving your feedback.

7. Once the petition has been finalised, filing it with the Court is all that is required. After requesting an advance on costs (approximately CHF 600.– in the canton of Geneva), the Court will convene a hearing to analyse whether a divorce can be granted. If so, the Court will later issue a written judgment pronouncing the divorce, which will be sent to both parties by post.

In Switzerland, it is no longer necessary to be separated for two years before getting an amicable divorce. Therefore, if both spouses agree on the principle of divorce, it can be requested at any time, even if they are not physically separated.

The lawyer invites each spouse to carefully consider the principle of divorce to prevent a joint application from being terminated during the proceedings.

Either spouse may withdraw their agreement at any time until the last Court hearing, causing the joint petition to lapse. If this occurs, the lawyer will no longer be able to represent the spouses. The fees charged by the lawyer cannot be reimbursed in this situation.

This stage can often be tedious, as it involves dividing the joint assets of the spouses and deciding what to do with their bank accounts. The goal is to ensure that both parties benefit from the outcome. It is important to be pragmatic and considerate of each spouse's wishes. Would the departing spouse prefer to take certain items with them or start fresh in a new flat? The necessity of this step will also depend on the type of matrimonial property regime that was in place during the marriage.

The issue of household debts, including any tax debts, needs to be resolved. It is important to determine who will be responsible for paying them or how they will be divided..

In an amicable divorce, it is advisable to liquidate the matrimonial property regime before filing the divorce petition to avoid post-divorce problems.

If you have joint property, settle its fate, especially for tax reasons, before the divorce. A notary must be consulted for this purpose. They will provide further advice in this topic.

The question of who will remain in the family home after the divorce must be resolved. Following the divorce, the tenancy agreement will be updated to reflect the name of only one spouse. The landlord cannot object to this change, as it is binding under the Court order (divorce decree).

The remaining spouse will be solely responsible for paying the rent.

If the rent is too expensive, it is better to search for new accommodation for each spouse before starting an amicable divorce process. If the rent remains unpaid after the divorce, the other spouse can be sued for up to two years after the divorce for the unpaid rent. This is a situation we hope to avoid.

The spouses must come to an agreement regarding the possibility of providing alimony to the other spouse after the divorce..

Lhe payment of alimony between adults depends on the circumstances, particularly the household budget and the division of tasks during the couple's life..

In general, if each spouse is financially independent during the marriage, no alimony is payable after the divorce.

If one spouse did not work or reduced their level of activity during the marriage to care for the children or household, a period of adjustment is often necessary before the couple achieves financial independence (clean break principle). In such cases, a time-limited alimony payment is possible and even desirable in favour of the less financially secure spouse.

The process of divorce inevitably brings forth additional responsibilities for the former spouses, notably the obligation to cover two distinct housing expenses. The traditional judicial practice of granting a lifelong alimony to one of the parties has become increasingly rare, with the prevailing trend now leaning towards a systematic expectation for both individuals to re-enter the workforce or enhance their employment commitment, even in cases involving minor children.

After a divorce, it is crucial that both partners can support themselves financially without depending on social assistance. This responsibility is part of the spouses' duty of solidarity.

When it comes to children, the judge has the authority to review and approve any agreements made by the parents. This means that the judge is not obliged to approve the solution chosen by the parents, especially if the judge considers that it is not in the best interests of the child. Generally, the judge will approve the parents' agreement unless there are major issues.

Firstly, it is necessary to agree on the terms of visitation rights: shared custody (one week with one parent, one week with the other), standard visitation rights (every other weekend, as well as Wednesdays), or personalised visitation rights. The solution should correspond to the child's well-being, as well as the availability of the parents, particularly with regard to their professional obligations. The terms of visitation rights will affect child support.

Regarding child support, it should cover the child's monthly expenses. In the case of a standard visitation schedule (every other weekend), it is assumed that one parent will bear the financial responsibility for the child, as the other parent takes care of the child for the rest of the time, meaning that they take care of the child during the rest of the week.

The paying parent must be able to financially support the agreed-upon child support, taking into account their own essential expenses. In the case of joint custody, it is often recommended to divide the child's monthly expenses based on each parent's available income. If both parents have modest incomes, it may be be possible that the pension does not cover all of the child's expenses.

If you have difficulty determining the appropriate amount, the lawyer will calculate an adequate amount during the consultation, in order to draw up the divorce agreement.

In principle, pension assets accumulated during the marriage are divided equally on the day the divorce petition is filed. This is often the simplest and fairest solution for the spouses.

However, in exceptional cases, it is possible to waive the division or deviate from a 50/50 split, provided both spouses have sufficient provision. If the spouses' incomes were relatively similar during the marriage or if both spouses worked throughout the marriage, the pension assets should be split 50/50.

However, if one spouse reduced their working hours to take care of the child or household, it may be fair to maintain the 50/50 split to make up for the resulting shortfall in pension assets.

The judge also has the right to control the distribution of pension assets in divorce cases. The judge is not bound by the parties' conclusions, even if they have reached an agreement. The judge may depart from the agreement if it is deemed that one of the spouses will not receive sufficient pension assets after the divorce. It is important to note that sharing pension assets is the norm, and deviating from it is the exception.

To obtain the necessary information, you should contact your employer's pension fund (if you are employed) or the foundation that manages your vested benefits account (if you are temporarily not in gainful employment, e.g. unemployed).

The amount to be divided corresponds to the pension assets accumulated from the date of the marriage until the filing of the divorce petition with the Court. It is important that both spouses request certificates from their respective pension funds for the same period.

Special rules apply if one of the spouses is retired or receiving a disability pension, or in the case of divorce between retired couples. If needed, this matter will be discussed with the lawyer during the initial meeting..

Before initiating a amicable divorce petition, it is crucial for spouses to discuss and agree on the aforementioned points. This will allow the lawyer to draft the petition and the divorce agreement accordingly, if the solution chosen by the spouses allows it. If there is a disagreement, mediation is recommended.
 List of mediation services in the canton of Geneva .

If you require further advice, please do not hesitate to contact the office secretary by phone to arrange an appointment for a fixed fee consultation. You can also reach the office using the contact details provided below. Additionally, you may book   an appointment online

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• J.-P. Anthonioz
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