FAQ on Divorce and Separation in Switzerland

There are two main ways in Switzerland:  

- Mutual consent: Both spouses file jointly with a divorce agreement.  

- Divorce by petition: One spouse files alone, usually after at least two years of separation.

A lawyer is not mandatory, especially for mutual divorces. Legal advice is recommended for complex financial or disputed cases.

Costs vary by canton and complexity. Court fees for mutual divorce range from CHF 500 to CHF 3,000.

The division depends on the marital property regime:  

- Participation in acquired property: Default, assets acquired during marriage are split.  

- Separation of property: Each keeps their own; no division.  

- Community of property: Joint assets are split; personal assets remain.

Usually, both parents retain joint parental authority. The court may grant sole custody if the child’s welfare is at risk.

- Separation: The marriage continues legally, but the partners live apart.  

- Divorce: The marriage is legally dissolved.

No separation period is needed for mutual divorce. For a contested divorce, two years of separation is generally required.

A divorce agreement is a written contract in which spouses settle matters like support, asset division, and custody.

Full online divorce is not possible, as court appearance is mandatory. But preparation and communication can be done online.

It regulates the separation without dissolving the marriage – such as maintenance, custody, and housing arrangements.

- Parental authority: Legal decisions like school and health.  

- Custody: Where the child lives day-to-day.  

Joint parental authority is common, even if the child lives with one parent.

Alternating custody means the child lives with both parents in turns (e.g., weekly). It must suit the child's best interest.

The court decides during divorce. Joint authority is standard unless serious issues (e.g., abuse) require sole custody.

From around 12 years of age, the child’s opinion is seriously considered. The court may include the child’s preference.

If no agreement is reached, the court decides based on the child's best interests.

Visitation gives the non-custodial parent regular contact with the child – e.g., every second weekend and during holidays.

Only in exceptional cases (e.g., violence, addiction). The court may restrict or cancel visitation rights.

Both parents contribute. The caregiver provides in-kind support (care); the other pays monthly financial support.

Usually based on the “Zurich table” or SKOS guidelines. Factors include:  

- Parents’ income  

- Child’s needs  

- Custody arrangement

Online calculator: www.familiensachen.ch/unterhaltsrechner

- The child protection authority (KESB) may intervene  

- The canton may provide advance payments  

- Wage garnishment may be initiated