Switzerland offers stability, security and an exceptional quality of life. For many international families, relocation to Zurich, Geneva or Zug represents a career milestone.
However, most expats do not stop to ask one critical question before they relocate:
What would happen if the marriage broke down after the move?
At Paradigm Family Law LLP, we advise internationally mobile families on jurisdiction strategy before relocation. Divorce in Switzerland operates very differently from divorce in England & Wales, particularly in relation to pensions, matrimonial property and maintenance.
For high-net-worth and dual-national families, the consequences can be significant.
How does divorce in Switzerland actually work?
Divorce in Switzerland is governed by the Swiss Civil Code (“ZGB”). In contrast to the broad discretionary approach of the English courts under the Matrimonial Causes Act 1973, Switzerland applies a codified, rule-based system.
A couple can proceed by mutual divorce if both spouses agree. Alternatively, one spouse can issue contested proceedings.
If we both agree, is divorce in Switzerland straightforward?
If both parties agree, they can file a joint application. The process can move efficiently.
The court requires written confirmation of the intention to divorce and a comprehensive divorce agreement. That agreement must cover asset division, pension equalisation, child arrangements, maintenance and the family home.
The court examines fairness. Judges may question both parties individually before granting the divorce.
Court fees for a mutual divorce in Switzerland typically amount to up to CHF 2,600. Legal fees vary by canton and by complexity.
For expats, speed rarely presents the real issue. Instead, the financial architecture of the agreement carries greater importance, especially where assets sit in multiple jurisdictions.
What happens if only one spouse wants a divorce?
If one spouse seeks divorce, Swiss law requires either two years of separation or serious grounds that make continuation of the marriage intolerable, such as abuse or serious misconduct.
Contested divorce in Switzerland involves greater cost and complexity. Unlike England & Wales, Swiss courts operate within tighter statutory parameters when distributing assets. Judges apply the statutory framework rather than broad fairness discretion.
What happens to assets under Swiss divorce law?
Asset division forms the critical issue for expat families. Divorce in Switzerland depends heavily on the applicable matrimonial property regime and the pension system.
Unless a marital agreement provides otherwise, Switzerland applies the default regime of Participation in Acquests. Under this regime, spouses divide assets acquired during marriage equally. Inherited or pre-marital assets may remain separate.
Couples may also choose community of property or separation of property by contract.
Expats who relocate without reviewing their marital agreement can alter their financial exposure significantly.
How are pensions divided in Switzerland?
Switzerland operates a three-pillar pension system.
State pension contributions accrued during the marriage are split equally. Occupational pension savings accumulated during the marriage are generally divided equally by law.
Private pension assets are divided according to the applicable matrimonial property regime. Restricted 3a funds must remain within the pension system.
For internationally mobile executives, this area presents the most underestimated risk. English pensions, German pensions, US retirement funds and Swiss occupational schemes may all interact during divorce in Switzerland.
Does relocating to Switzerland change jurisdiction?
Relocation to Switzerland can shift jurisdiction for divorce and financial claims.
Families must consider where proceedings would be issued, whether Swiss or English law would apply to financial division, how foreign property would be treated and whether spousal maintenance would be more limited in Switzerland. Couples should also consider whether to sign a post-nuptial agreement before relocating.
For families moving from England & Wales, the distinction matters. The English court applies a discretionary, needs-and-sharing-based system. In contrast, divorce in Switzerland follows a codified statutory structure. Timing of proceedings can therefore determine outcome.
In CB, Re (Financial Remedies: Antisuit Injunction) [2025] EWHC 427 (Fam) (25 February 2025), the father worked during the marriage for about two years in Switzerland, retained a property and travelled between Switzerland and his family. The Court confirmed that he did not become habitually resident in Switzerland. Jurisdiction and forum strategy therefore require careful factual analysis in international cases.
How does Switzerland approach maintenance and children?
Swiss law provides for post-marital maintenance. However, courts structure awards carefully and often limit them more strictly than English long-term joint lives orders.
Child arrangements rely on parental responsibility principles, with increasing emphasis on shared parenting. International families must also consider cross-border recognition and enforcement.
Should families take advice before relocating?
Before relocating, expat couples should review or draft a marital agreement. They should analyse pension equalisation exposure and assess tax implications of property division. They should conduct a jurisdiction comparison and consider forum strategy in case of marital breakdown.
In high-net-worth families, relocation can shift millions in potential exposure. Early planning protects clarity and reduces strategic risk.
Many families also find it helpful to consult independent relocation resources such as IamExpat. Their Switzerland portal provides practical guidance on residence permits, registration, social security numbers, health insurance, taxation, pensions and housing. While it does not replace legal advice on divorce in Switzerland, it offers a structured overview of the wider expat framework that can affect financial planning and relocation decisions.
How Paradigm Family Law supports international families
At Paradigm Family Law LLP, we specialise in cross-border divorce strategy, jurisdiction analysis, pension equalisation modelling, pre- and post-nuptial agreements, international asset tracing and high-value financial remedy litigation.
We regularly advise clients relocating between England, Switzerland, Germany, the UAE and the United States.
Frank Arndt says:
Relocation should create opportunity, not legal risk.
If you are considering a move to Switzerland and would like strategic clarity on your position, our team would be pleased to assist. It could save you time and money later!
Need help?
Paradigm Family Law offers a free initial consultation and clear fixed-fee guidance at the outset. We advise families across England & Wales on complex international matters, including divorce in Switzerland and jurisdiction strategy.
If you would like to discuss an international relocation, expat separation, or cross-border family law issue, please do not hesitate to contact Frank or Evelyn. Paradigm Family Law offers a free initial consultation, and our fixed-fee solutions provide clarity and cost control from the outset.
Call us on 00 44 1904 217225 or email info@paradigmfamilylaw.co.uk to arrange a confidential discussion.
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