The UK or Switzerland: Where should I divorce?

Vardags is a top-tier international divorce law firm advising high net worth (HNW) and ultra-high net worth (UHNW) individuals with ties to both Switzerland and the United Kingdom. Choosing the right jurisdiction for your divorce can significantly impact your financial settlement, asset division, and long-term security.

Divorce in Switzerland

Like most European countries, divorce laws in Switzerland are based around marital property regimes. The default regime is that property acquired during the marriage is shared equally, whilst each party retains the property which they owned before the marriage. The parties must also settle any debts which have arisen between themselves and with third parties. 

Any difference between the two parties is a money claim – the court cannot transfer real estate, shares or other assets between the parties. Settlement can only be effected by payment of cash. 

The parties can also elect, at the time of marriage, to enter a regime of community of property or a separate property regime. Under the former, the parties retain those assets in their own names and divide the remainder equally. If the latter, then no division of assets is required on divorce. 

Maintenance in Switzerland

With regard to maintenance, the Swiss court will first decide whether the marriage should be classed as short or long. If the former, the maximum that can be expected is a short transitional pension. If longer, the court will consider the marital standard of living and the receiving spouse’s earning capacity – though it is important to note that parents will be expected to work part-time once a child is over ten years old, and full-time when any child is 16. The quantum of maintenance will be limited to the difference between that income capacity and the standard of living during the marriage. Generally speaking, maintenance will be limited to a term. 

The discretion of the Swiss court is very limited in comparison to common law jurisdictions, and in particular, assets are decided according to the rules of the matrimonial property regime or the prenuptial agreement (if one exists). 

Overall, the less generous approach of judges in Switzerland compared to their British counterparts, is obvious from the approach to maintenance compared to England and Wales. For this reason, many prefer to divorce in the UK despite having close connections to Switzerland. 

Can I divorce in England and Wales as a Swiss national?

As a HNW and UHNW Swiss national, you may be able to apply for divorce in England and Wales depending on the habitual residence or domicile status of either you or your spouse. But be aware – if one spouse perceives either of the two jurisdictions as being advantageous, there may be a race to get there first to ensure that the divorce is heard in one jurisdiction as opposed to the other one. 

Read more on claiming jurisdiction here.

If you have a connection with a different jurisdiction, whether it is Switzerland or another country, you should first establish whether you can get divorced in those jurisdictions and, if so, what the financial outcome may be compared to England and Wales. This information should be obtained without delay so that you preserve the option to issue proceedings in a country that is most favourable to you. Contact Vardags for a free initial consultation with one of our expert divorce solicitors. 

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Why is London the divorce capital of the world? 

The media often reports London as the ‘divorce capital of the world’ following several significant financial settlements and in specific, settlements in in favour of the spouses who have chosen England and Wales to pursue their divorces in. In comparison to other jurisdictions, the English courts emphasise equality in financial settlements and start from 50/50, treating the same the breadwinner and homemaker of the marriage. 

Vardags’ team of top divorce lawyers serving clients in Switzerland delivers a bespoke legal service to HNW and UHNW individuals, their families, and businesses.