How can I get divorced in Switzerland?
It depends on the route — divorce always goes through a court. The first instance is the district court (Bezirksgericht). Two routes: a joint request (ZGB 111/112) — by mutual consent, with a comprehensive or partial agreement; the court checks the will to divorce and that the agreement isn't manifestly unreasonable. Or a unilateral divorce action (ZGB 114) — after at least 2 years living apart; before that only on serious grounds (ZGB 115). Post-marital maintenance is decided by the court at its discretion. The occupational-pension assets built during the marriage are split half each (ZGB 122 ff.). In short: yes, through the court — jointly or after 2 years apart.
📋 The rules
- Divorce always via the district court
- Joint request by consent (ZGB 111/112)
- Unilateral after 2 years living apart (ZGB 114)
- Before that only on serious grounds (ZGB 115)
- Pension assets: split half each
🔓 Exceptions
- Before 2 years: only for unreasonableness without own fault
- Pension split: court must review it, not freely negotiable
- Court fees cantonal, by case value (unconfirmed)
⚠️ Penalties & fines
This isn't about fines, but the spouses' agreement is reviewed by the court and approved only if it's clear, complete and not manifestly unreasonable. The pension split (half each of the second pillar) must be reviewed by the court and isn't freely negotiable. Beware a myth: "you can just divorce without a court" is false — every divorce goes through a court. Tip: if you agree, choose the joint request — it's faster and cheaper; have any agreement on maintenance and pensions checked professionally.
📎 Official sources
❓ Frequently asked
How does a divorce work?
Every divorce goes through the district court. By mutual consent you file a joint request, with a comprehensive or partial agreement. Without agreement, a unilateral action is possible, generally after the spouses have lived apart for two years, on which the court then decides.
Do I need my partner's consent?
No, not necessarily. With consent the joint request is faster. Without consent you can file a unilateral divorce action after at least two years living apart. Before the two years are up, an action is only possible on serious, unreasonable grounds you aren't responsible for.
What happens to the pension fund?
The second-pillar assets built up during the marriage are in principle split half each. The court must review this pension split, even in a consensual divorce. It isn't freely negotiable, because it's there to protect the retirement provision of both spouses fairly.
How is maintenance settled?
Post-marital maintenance is decided by the court at its discretion, depending on need, income and the standard of living. Where there are children, child maintenance is added. A fair, complete agreement between the spouses eases the procedure, but must still be approved by the court.
What does a divorce cost?
Court fees are set cantonally and depend on the effort and the value in dispute. Exact franc figures for the Zürich district court aren't confirmed here and depend on the individual case. A consensual divorce via a joint request is usually cheaper than a contested one.
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