A lawyer in Swiss divorce is not mandatory. In most cases, instructing a lawyer is recommended to guide you through confusing law and achieve your best outcome. Particularly in disputes, informed advice can prevent unnecessary steps and arguments, simplifying and shortening divorce proceedings.
Sometimes spouses jointly instruct one lawyer to draft an agreement. Absolute neutrality is essential. The lawyer ideally acts as a mediator to find the best solution for both. This is generally recommended only if both are willing to agree and no deep dispute makes communication impossible.
In other cases, each spouse instructs their own lawyer. Both lawyers work with the spouses towards agreement. Representation helps prevent one taking advantage of the other and ensures both know their legal entitlements. Lawyers may also mediate conflicts and enable a fair agreement. Unlike letting the court decide, an agreement means you generally know divorce consequences upon filing rather than waiting uncertainly for a decision.
In short: Although not mandatory, a lawyer can help navigate the legal maze, explain the best approach and your prospects concerning divorce arrangements. Particularly in conflict, lawyers may still help produce a divorce agreement.
