Getting divorced in Montreux or Vevey: what expats should know
Living on the Swiss Riviera does not necessarily mean that your divorce will be purely Swiss.
Many couples living in Montreux, Vevey and the surrounding area have married abroad, hold different nationalities, own property in several countries or have pension and investment accounts outside Switzerland.
When such a marriage breaks down, the first questions are often surprisingly practical:
Can I divorce in Switzerland? Which court will deal with my case? What happens to our children, our home and our assets abroad?
Here are some of the main points expats living in the Montreux and Vevey area should know.
Can I divorce in Switzerland if I married abroad?
In many cases, yes.
You do not need to have married in Switzerland in order to divorce here.
Where one or both spouses live in Switzerland, the Swiss courts may have jurisdiction even if the marriage took place abroad or one spouse has since moved to another country.
International divorces can nevertheless raise questions about jurisdiction, applicable law and the recognition of the Swiss judgment abroad.
This becomes particularly important where proceedings could potentially be started in more than one country.
In such situations, obtaining advice before filing can be important: the country in which the divorce is dealt with may affect significant financial and family issues.
Which court deals with divorces in Montreux and Vevey?
For spouses living in Montreux, Vevey and the surrounding Riviera-Pays-d'Enhaut district, family law proceedings are generally handled by the Tribunal d'arrondissement de l'Est vaudois.
In the Canton of Vaud, the competent court is generally the district court at the domicile of either spouse.
This court deals not only with divorce proceedings but also with measures relating to a separation before the divorce, including questions concerning the family home, maintenance and children.
Do we both have to agree to divorce?
No.
If both spouses want to divorce, they can file a joint petition. They may either agree on all the consequences of the divorce or ask the court to decide the issues on which they still disagree.
Where only one spouse wants the divorce, a unilateral divorce is generally possible after the spouses have lived separately for at least two years.
In exceptional circumstances, an earlier divorce may be possible where continuing the marriage cannot reasonably be expected.
For couples who are able to reach an agreement, a joint divorce will usually be considerably simpler and less expensive than a contested proceeding.
What if we are separating but are not ready to divorce?
You do not necessarily need to wait for the divorce to regulate your situation.
Swiss law allows married spouses who separate to ask the court to determine the arrangements during the separation.
These measures can address issues such as:
who remains in the family home;
where the children live;
parenting arrangements;
child support;
maintenance between spouses; and
certain financial arrangements during the separation.
For many expat families, this stage is particularly important because one spouse may be considering leaving Switzerland or returning to their home country.
We have children. Is there anything particular about Montreux and Vevey?
Yes.
The judicial authorities in Eastern Vaud use a parental consensus process for separation and divorce proceedings involving minor children.
The system is intended to encourage parents to reach workable arrangements without allowing the parental conflict to become entrenched.
It can include an adapted court procedure as well as mediation or co-parenting support.
For parents living around Montreux and Vevey, this is therefore not merely a theoretical approach to family law: it forms part of the local judicial process.
The existence of the process does not mean that parents are required to agree on everything. Where agreement cannot be reached, the court remains responsible for deciding the issues in accordance with the children's interests.
Can I move abroad with the children after separation?
This is one of the areas where expat families need to be particularly careful.
Moving from Montreux or Vevey to another country with a child is not the same as simply changing address within the area.
Where both parents exercise parental authority, relocating the child's residence abroad will normally require the agreement of the other parent or a decision from the competent authority.
Leaving Switzerland first and trying to resolve the legal situation afterwards can create serious difficulties, including proceedings concerning the return of the child.
If an international move is being considered, it is therefore better to address it before the relocation takes place.
What happens to our home and our assets?
Divorce involves more than deciding who owns which bank account.
Depending on the circumstances, it may be necessary to deal with:
the family home;
savings and investments;
real estate;
interests in companies;
debts;
assets acquired before or during the marriage;
inheritances; and
the spouses' matrimonial property regime.
For expat couples, these assets are frequently spread across several jurisdictions.
A couple living in Montreux might, for example, own their Swiss home while also holding an apartment in London, an investment account in the United States or a family business in another country.
Foreign assets do not simply disappear from the analysis because they are located outside Switzerland.
However, determining how they are treated — and how a Swiss decision can ultimately be implemented abroad — may require an international analysis.
What about my Swiss pension?
Occupational pension assets are an important part of a Swiss divorce.
As a general principle, occupational pension benefits accumulated during the marriage and up to the relevant date in the divorce proceedings are subject to division under Swiss law.
For expats, however, retirement arrangements are often more complicated.
One spouse may have:
a Swiss second-pillar pension;
a UK pension;
a US 401(k) or IRA;
an employer pension plan in another country; or
several retirement accounts accumulated during successive international assignments.
Foreign retirement assets do not necessarily follow the same rules as a Swiss second-pillar account.
They therefore need to be identified early rather than treated as an afterthought.
What if we signed a prenup abroad?
A foreign prenuptial or marital agreement may be relevant to a Swiss divorce, but its effect should not simply be assumed.
The analysis can depend on factors such as:
where the agreement was signed;
the spouses' nationalities and residence at the time;
the law chosen in the agreement;
what issues the agreement actually regulates; and
whether its provisions can be recognised and applied in Switzerland.
If you have a foreign marriage contract or prenup, it is useful to have it reviewed at an early stage of the divorce.
Can the divorce proceedings be conducted in English?
Court proceedings in the Canton of Vaud are conducted in French.
That does not, however, mean that you need to manage your case with your lawyer in French.
An English-speaking lawyer can explain the Swiss procedure, prepare the necessary documents in French and communicate with the court on your behalf.
Foreign documents may also need to be translated depending on their importance and the requirements of the proceedings.
For expats, being able to discuss the case and the financial implications in English can make a considerable difference, particularly where the underlying legal documents are unfamiliar.
Should I leave the family home before speaking to a lawyer?
Not automatically.
Leaving the family home may sometimes be the right practical decision, but it can have consequences for the children, housing costs, maintenance and the organisation of the separation.
Before moving out — particularly if children are involved or one parent is considering leaving Switzerland — it can therefore be useful to obtain advice on the immediate consequences.
The same applies before signing a separation agreement: an arrangement that appears practical in the short term may have significant financial or legal consequences later.
International divorces require an international overview
An expat divorce often involves several legal systems at the same time.
A relatively straightforward Swiss divorce can become considerably more complex when there are:
children who may move abroad;
property in another country;
foreign pension accounts;
foreign companies or trusts;
a foreign prenuptial agreement;
proceedings already started abroad; or
one spouse who has left Switzerland.
The important question is therefore not simply “How does divorce work in Switzerland?”
It is also:
“How will the Swiss divorce interact with everything we have outside Switzerland?”
Identifying these issues at the beginning can avoid considerably more complicated problems later.
Getting advice before taking the first step
Not every separation needs to become a lengthy court battle.
In many cases, an early assessment makes it possible to determine which issues genuinely need to be negotiated or litigated and which can be resolved by agreement.
For expats in particular, it is useful to obtain that overview before moving abroad, relocating children, transferring significant assets or starting proceedings in another country.
Are you living in the Montreux or Vevey area and considering separation or divorce?
Bénard Avocats advises Swiss and international clients on divorce, separation, children and financial issues, including cases involving assets or family members in several countries. Consultations can be conducted in English, French or German and by videoconference.