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](https://vardags.com/law-guide/claiming-jurisdiction/jurisdiction-on-divorce)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**](https://vardags.com/law-guide/claiming-jurisdiction/matrimonial-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](https://vardags.com/law-guide/how-the-courts-decide-a-financial-settlement/the-different-types-of-spousal-maintenance-orders) 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](https://vardags.com/law-guide/claiming-jurisdiction). **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.** [BOOK FREE CONSULTATION](https://vardags.com/contact "BOOK FREE CONSULTATION") 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](https://vardags.com/team/specialist-divorce-lawyers/swiss-desk) delivers a bespoke legal service to [HNW and UHNW](https://vardags.com/law-guide/high-net-worth) individuals, their families, and businesses. About Us -------- Ayesha VardagFounder & President "A DIVORCE LAWYER WIDELY REGARDED AS ONE OF THE WORLD'S BEST" The Metro Vardags offer a unique approach to the law, specially tailored to the needs of HNW individuals. We offer City-quality representation for your divorce and family law needs. Our lawyers come from the very best universities and receive the very best training - they are determined, diligent, and dedicated to getting the best outcome... [read more](https://vardags.com/about-us) [BOOK FREE CONSULTATION](https://vardags.com/contact) OUR FOREIGN DESKS ----------------- Our foreign desks are comprised of top multi-lingual lawyers, with a network of international contacts. [Australia Desk](https://vardags.com/international/australia "Australia Desk") [Bahrain Desk](https://vardags.com/international/bahrain "Bahrain Desk") [BVI Desk](https://vardags.com/international/bvi "BVI Desk") [Belgium Desk](https://vardags.com/international/belgium "Belgium Desk") [Bermuda Desk](https://vardags.com/international/bermuda "Bermuda Desk") [Canada Desk](https://vardags.com/international/canada "Canada Desk") [Cayman Islands Desk](https://vardags.com/international/cayman-islands "Cayman Islands Desk") [China Desk](https://vardags.com/international/china "China Desk") [Dubai (UAE) Desk](https://vardags.com/international/dubai "Dubai (UAE) Desk") [France Desk](https://vardags.com/international/france "France Desk") [Germany Desk](https://vardags.com/international/germany "Germany Desk") [Gibraltar Desk](https://vardags.com/international/gibraltar "Gibraltar Desk") [Greece Desk](https://vardags.com/international/greece "Greece Desk") [Guernsey Desk](https://vardags.com/international/guernsey "Guernsey Desk") [Hong Kong Desk](https://vardags.com/international/hong-kong "Hong Kong Desk") [India Desk](https://vardags.com/international/india "India Desk") [Italy Desk](https://vardags.com/international/italy "Italy Desk") [Jersey Desk](https://vardags.com/international/jersey "Jersey Desk") [Kuwait Desk](https://vardags.com/international/kuwait "Kuwait Desk") [Republic of Ireland Desk](https://vardags.com/international/republic-of-ireland "Republic of Ireland Desk") [Liechtenstein Desk](https://vardags.com/international/liechtenstein "Liechtenstein Desk") [Luxembourg Desk](https://vardags.com/international/luxembourg "Luxembourg Desk") [Malaysia Desk](https://vardags.com/international/malaysia "Malaysia Desk") [Malta Desk](https://vardags.com/international/malta "Malta Desk") [Mauritius Desk](https://vardags.com/international/mauritius "Mauritius Desk") [Monaco Desk](https://vardags.com/international/monaco "Monaco Desk") [Netherlands Desk](https://vardags.com/international/netherlands "Netherlands Desk") [New Zealand Desk](https://vardags.com/international/new-zealand "New Zealand Desk") [Oman Desk](https://vardags.com/international/oman "Oman Desk") [Russia Desk](https://vardags.com/international/russia "Russia Desk") [United States of America Desk](https://vardags.com/international/united-states-america "United States of America Desk") [Portugal Desk](https://vardags.com/international/portugal "Portugal Desk") [Poland Desk](https://vardags.com/international/poland "Poland Desk") [Qatar Desk](https://vardags.com/international/qatar "Qatar Desk") [Saudi Arabia Desk](https://vardags.com/international/saudi-arabia "Saudi Arabia Desk") [Scotland Desk](https://vardags.com/international/scotland "Scotland Desk") [Singapore Desk](https://vardags.com/international/singapore "Singapore Desk") [South Africa Desk](https://vardags.com/international/south-africa "South Africa Desk") [Spain Desk](https://vardags.com/international/spain "Spain Desk") [Switzerland Desk](https://vardags.com/international/switzerland "Switzerland Desk") Glossary Reference ------------------ ### Matrimonial property regime Common in European countries, this is similar in effect to a prenuptial agreement. At the outset of a marriage, the parties opt-in or opt-out of laws governing how their property is to be held during the course of the marriage and divided on divorce. ### Real property Legal term meaning houses, land and real estate. ### Spousal maintenance Payments made by the higher earning spouse to their ex-partner, after the breakdown of their marriage. The information on this website is intended as a guide and does not constitute legal advice. Vardags do not accept liability for any errors in the information on this website, nor any losses stemming from reliance upon the statements made herein. All articles and pages aim to reflect the legal position at time they were published, and may have been rendered obsolete by subsequent developments in the law. Should you require specialist advice, tailored to your situation, please see how Vardags can help you. 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Alexandra Gutina OUR LEADERSHIP TEAM ------------------- [### Ayesha Vardag](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [### Stephen Bence](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [### David Lister](https://vardags.com/solicitors/london/david-lister "David Lister") [Founder & President](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family") [Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO") [Senior Partner and Head of London Family - Divorce & Family](https://vardags.com/solicitors/london/david-lister "David Lister") [### Ayesha Vardag Founder & President ](https://vardags.com/solicitors/london/ayesha-vardag "Ayesha Vardag Founder & President Divorce & Family")"Ayesha Vardag - Britain's top divorce lawyer." The Telegraph [### Stephen Bence Chief Executive Officer](https://vardags.com/solicitors/london/stephen-bence "Stephen Bence Vardags CEO")"Dr Stephen Bence is a financial genius." Lewis Marks KC [### David Lister Senior Partner and Head of London Family - Divorce & Family ](https://vardags.com/solicitors/london/david-lister "David Lister")"Brilliant with a real spark which clients love" Legal 500 [Meet the rest of the team](https://vardags.com/team) [Vardags climbs ranks of UK's biggest firms in The Lawyer's UK 200](https://vardags.com/posts/vardags-london-climbs-ranks-of-uks-biggest-firms-in-the-lawyers-uk-200)