Family Law Divorce Intake
A comprehensive family law intake form for Swiss divorce proceedings. Covers marital situation, children, finances, property, and desired outcome. Protected by attorney-client privilege under Art. 13 BGFA and ZGB.
About this template
The Family Law Divorce Intake Form is designed for Swiss law firms and solo practitioners handling divorce and separation matters. It collects the essential background information a family law attorney needs to assess a client's situation, advise on procedural options under the Swiss Civil Code (ZGB), and prepare for the first consultation. The form covers the current marital or partnership situation, children, financial circumstances, property, and the client's desired outcome.
What this form collects
- Client contact details and cantonal residence
- Current marital or partnership status and date of marriage
- Children's details: ages, current living arrangements, schooling
- Parental authority and custody preferences
- Overview of marital property and assets
- Monthly income and financial obligations
- Existing separation agreements or court orders
- Desired outcome and priority issues
- Attorney-client privilege acknowledgement
Attorney-client privilege
All information disclosed to your attorney in connection with this mandate is protected by professional privilege under Art. 13 BGFA (Federal Act on the Freedom of Movement of Lawyers) and Art. 321 StGB. Your attorney may not disclose this information without your consent. Data is also processed in accordance with the Swiss nFADP.
How to use this template
Use this template
Click 'Use template' to create a copy in your dashboard.
Adapt for your canton
Divorce procedure has cantonal variations in Switzerland. Add any canton-specific fields or guidance relevant to your practice location.
Send to the client before the first consultation
Share the form link with the client so they can complete it before the initial appointment.
Review and prepare
Use the completed form to identify the main legal issues and prepare a structured first consultation.
Divorce law in Switzerland: what clients need to know
Switzerland has a unified divorce law governed primarily by the Swiss Civil Code (Zivilgesetzbuch, ZGB), specifically Part II on family law (Art. 90-456 ZGB). The procedural rules are set out in the Swiss Civil Procedure Code (ZPO). Swiss family law has evolved significantly in recent decades, with a strong emphasis on post-divorce parental cooperation and the welfare of any children.
Grounds for divorce in Switzerland
Switzerland operates a no-fault divorce system. Under Art. 114 ZGB, either spouse may petition for divorce unilaterally after two years of continuous separation. Under Art. 111 ZGB, both spouses may jointly petition for divorce at any time if they agree on all ancillary matters (joint divorce by agreement). There is no minimum separation period for a joint divorce. In practice, the majority of Swiss divorces proceed as joint petitions.
Key issues in Swiss divorce proceedings
The main issues that must be resolved in Swiss divorce proceedings are: parental authority (elterliche Sorge), which is now joint by default; the primary residence of the children and visitation arrangements; child maintenance (Kindesunterhalt) calculated according to the needs of the child; spousal maintenance (Ehegattenunterhalt) where applicable; the division of marital property under the applicable matrimonial property regime; and the pension fund split (Vorsorgeausgleich) under Art. 122-124e ZGB. Each of these issues must be addressed either by agreement or by the court.
Matrimonial property regimes in Switzerland
The default matrimonial property regime in Switzerland is the Errungenschaftsbeteiligung (participation in acquired property), under which each spouse retains their own property and personal assets, while assets acquired during the marriage (Errungenschaft) are divided equally upon divorce. Couples may elect alternative regimes by marriage contract. The intake form asks clients to identify the applicable regime and any relevant marriage contract.
International aspects and jurisdiction
Switzerland's international private law (IPRG) and bilateral treaties with EU member states determine which court has jurisdiction over divorce proceedings involving foreign nationals or internationally mobile couples. If one or both spouses are foreign nationals or have assets abroad, the attorney must assess whether Swiss courts have jurisdiction and which law applies. The intake form includes fields for nationality and current canton to facilitate this analysis.
Frequently asked questions
How long does a divorce take in Switzerland?
A joint divorce where the parties agree on all matters (Art. 111 ZGB) can be concluded in as little as three to six months depending on the canton and court backlog. A contested divorce involving minor children, disputed assets, or maintenance disputes can take one to three years or longer.
Can I divorce in Switzerland if I am a foreign national?
Yes, if you are domiciled in Switzerland or are a Swiss citizen. Swiss courts generally have jurisdiction over divorce if either spouse is domiciled in Switzerland for at least one year, or if both spouses are Swiss citizens.