First, both spouses need to submit a joint divorce petition. Some courts provide a form for this purpose. You can also submit a petition prepared by your lawyer. It must include your personal details and any representatives. You must state when the marriage took place (the civil wedding, not the church ceremony) and whether you have children. You must also indicate whether you are submitting a complete divorce agreement or asking the court to decide the ancillary consequences.
If you have prepared a divorce agreement, submit it with the petition. You will also need the following documents, although in some circumstances they may be submitted later (at the latest by the hearing):
- Family certificate or attestation (no more than 3 months old)
o If at least one spouse is Swiss, it can be requested from the Swiss municipality of origin or residence.
o If both spouses are foreign nationals, this can be obtained from the population registration office of the municipality where they live)
- Confirmation from both spouses' occupational pension institutions of their pension balances and the feasibility of division
- Tax returns for the last two years (including supplementary schedules)
- If there is no agreement on maintenance
o Salary certificates or payslips for the last 6 months
o For self-employed persons, balance sheets and income statements for the last two years, including a list of private withdrawals
o Evidence of income from secondary employment
o Evidence of pension income
o Account statements (savings accounts, pillar 3a, etc.)
o Tax bills
o Latest rent adjustments and heating cost statements, or evidence of home expenses (mortgage interest, maintenance and operating costs)
o Evidence of any childcare costs
o Evidence of health insurance premiums
o Telephone, internet and Billag bills
o Work-related expenses
o Invoices for life insurance premiums
o Evidence of interest paid on debts
- Depending on the circumstances
o Divorce agreement
o Marriage contracts
o For real estate, an extract from the land register
o For rented accommodation, the tenancy agreement
You should therefore start gathering these documents as soon as it becomes clear that divorce is the next step. We can help you compile the documents you need, prepare a divorce agreement or discuss your possible next steps and answer your questions. Contact us without obligation.