Divorce by joint request in Switzerland
End a marriage cooperatively before the cantonal court. Spouses who agree can divorce at any time by joint request, submitting a comprehensive agreement on the consequences; where they do not fully agree, the court decides the open points.
- Timeline
- A few months, depending on the canton and the court's schedule
- Cost
- Court fees set by the canton; lawyer fees optional but common for the agreement
- Steps
- 6 stages
Deadline — read this first
No waiting period applies to a joint request; a unilateral divorce generally requires two years of living apart.
Who can file
Married couples; a joint request needs no minimum separation period, unlike a unilateral petition.
Step by step
- 1
Agree the consequences of the divorce
Reach a written agreement covering the division of matrimonial property, pension-entitlement sharing, maintenance and, where there are children, custody, contact and child support.
- 2
File the joint request with the cantonal court
Submit the joint divorce request and the agreement to the competent court at the place of residence. Either or both spouses may be represented by a lawyer.
- 3
Attend the court hearing
The court hears both spouses to confirm the request is made freely and after due consideration, and checks that the agreement is complete and not manifestly unfair.
- 4
Ratification of the agreement
The court ratifies the agreement, which makes it binding. It pays particular attention to arrangements concerning any children.
- 5
Pension-entitlement sharing
Occupational-pension assets accrued during the marriage are, as a rule, split equally; the court arranges the transfer between pension funds.
- 6
Receive the divorce decree
The court issues the divorce decree. Once final, the civil registry updates the marital status of both former spouses.
Documents you must produce
- Joint divorce request
- Comprehensive agreement on the consequences of the divorce
- Marriage certificate and family record
- Financial disclosure, including pension-fund statements
- Arrangements for any minor children
Common mistakes that sink cases
- Submitting an incomplete agreement: the court cannot ratify one that omits pension sharing or child arrangements.
- Assuming pension assets stay with the earning spouse; equal sharing of assets built during the marriage is the default.
- Overlooking that arrangements for children are reviewed on the child's best interests, not just the parents' agreement.
- Confusing the joint route with the unilateral one, which needs two years of separation.
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