What is the difference between joint divorce and a unilateral divorce claim?

Joint divorce is generally filed if both agree to divorce. A unilateral claim is filed by one when the other does not want divorce at all.

divorce by joint application

Though both spouses want a joint divorce, they need not agree consequences. For unresolved points, submit an application for court determination with the divorce request. Their only agreement may be to divorce, in which case the court decides all ancillary consequences. If all points are agreed, a complete agreement is submitted for approval.

divorce claim

In a unilateral claim, only one spouse wants divorce and the other refuses consent. The willing spouse must file. There is no agreement on consequences, so the court decides them when granting divorce.

 

Differences

The requirements differ greatly. Joint divorce may generally be requested whenever both want it. A claim requires two years' separation or another important ground, rarely recognised. Actual separation suffices and need not have been started through court.

 

In short: The main difference is willingness to divorce: both have it in a joint application, one lacks it in a unilateral claim. Another difference is the two-year separation or important-ground requirement for a claim, absent for joint divorce.

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#FamilyLaw#Divorce#DivorceProceedings#SwissLaw
Written by Samuel Müller
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