Under which conditions may a divorce be granted in Switzerland?

Basically, there are four ways of getting a divorce in Switzerland:

1. Divorce by joint request with a comprehensive agreement (Art. 111 CC)

The spouses jointly request divorce and submit a comprehensive agreement on the consequences of the divorce along with any necessary documents and with joint applications in respect of the children.

2. Divorce by joint request with a partial agreement (Art. 112 CC)

The spouses jointly request divorce and ask the court to decide matters on which they cannot reach agreement.

3. Divorce at the petition of one spouse after living apart (Art. 114 CC)

A spouse may petition for divorce if, at the time the petition is filed, the spouses have lived apart for at least two years.

4. Divorce in case of irretrievable breakdown (Art. 115 CC)

Prior to the expiry of the two-year period, a spouse may petition for divorce if the marriage has irretrievably broken down for compelling reasons for which he or she is not responsible.

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This website aims to provide general information regarding Swiss law and should not be regarded as a legal opinion. For more specific advice, do not hesitate to contact us.