Divorce or separation can be particularly challenging when you are living abroad. For expatriate families in Switzerland, unfamiliar court procedures and language barriers can make an already difficult situation more complicated.
If you live in Montreux, Vevey or the surrounding Swiss Riviera, you may encounter a particular approach to family disputes known as consensus parental, or parental consensus.
Introduced in the canton of Vaud in 2023 and made permanent in Eastern Vaud in 2026, this approach aims to help separating parents reach agreements while keeping their children's interests at the centre of the proceedings.
Here is what international parents should know about how it works.
What is parental consensus?
Parental consensus is a judicial approach inspired by the German Cochem model. Its central idea is simple: although parents may no longer wish to live together, they must generally continue to cooperate in raising their children.
Traditional divorce litigation can encourage parents to focus on past disagreements, accusations and competing legal positions. Parental consensus seeks to prevent this escalation by encouraging constructive discussions at an early stage.
However, parental consensus is not simply family mediation.
It is a specific court procedure in which a judge plays an active role in helping parents identify workable solutions. It involves simplified court applications, early hearings and cooperation between judges, lawyers, mediators and other family professionals.
The aim is not to reconcile the couple, but to help the parents reorganise their family life after separation.
Importantly, the procedure remains judicial. Parents are not required to reach an agreement at any cost, and the court retains the authority to decide unresolved disputes.
Where does parental consensus apply?
The programme was introduced on 1 January 2023 in Eastern Vaud, covering the districts of Riviera-Pays-d'Enhaut, Aigle and Lavaux-Oron.
It is used by the District Court of Eastern Vaud (Tribunal d'arrondissement de l'Est vaudois), located in Vevey, and the participating Justices of the Peace.
The approach concerns proceedings involving minor children, including separations, divorces and certain disputes between unmarried parents.
Foreign nationality is not an obstacle. What matters is whether the competent Swiss judicial authority is participating in the programme.
For unmarried parents, the competent authority may depend on whether the dispute concerns parental arrangements, child maintenance or both.
The canton plans to extend the programme progressively to other regions of Vaud by 2030.
How does the procedure work?
Step 1: Information session for parents
Parents are encouraged to attend a free information session entitled Se séparer dans le respect des enfants (Separating with Respect for Children).
These sessions take place in Vevey and are organised with the participation of lawyers, psychologists, psychiatrists and family mediators.
They explain the legal consequences of separation, the emotional impact of parental conflict on children and the resources available to families.
Parents can attend together or separately. Participants receive a certificate of attendance, which may be requested when court proceedings begin.
These are general information sessions, not opportunities to discuss individual cases.
Step 2: Court application and first hearing
Proceedings are initiated using forms specifically designed for parental consensus. Different forms are available depending on whether the parents are married, divorced or unmarried, and on the issues in dispute.
The court aims to schedule the first conciliation hearing within approximately five weeks.
Unlike an ordinary hearing, this first hearing is designed to allow substantial discussion. In Eastern Vaud, hearings have been extended to approximately two hours to facilitate dialogue between parents.
The judge encourages the parties to identify common ground on matters such as custody arrangements, parenting schedules, financial support and the children's everyday needs.
The court may also take preliminary investigative measures, including hearing the children or requesting a targeted assessment.
Step 3: Mediation or other support
If no agreement is reached at the first hearing, the judge may direct parents towards family mediation, co-parenting support or other appropriate assistance.
Under the Vaud programme, the first five hours of court-referred family mediation are free of charge.
Mediation provides a confidential setting in which parents can discuss practical arrangements with an independent professional. It can help resolve specific disagreements or produce a more comprehensive separation agreement.
Mediation complements the court-led parental consensus process. It typically takes place between the first and second hearings, allowing parents to work towards practical agreements before returning to court.
Step 4: Second hearing or judicial decision
A second conciliation hearing is normally scheduled within four months.
At this hearing, the court reviews the progress made and attempts to finalise any agreements reached.
Even if the parents have not agreed on everything, partial agreements can still be valuable.
If discussions fail, or if parental consensus is inappropriate for the particular family, the case proceeds under the ordinary judicial rules and the court decides the outstanding issues.
Further information is available on the official Vaud parental consensus website.
What issues can be resolved through parental consensus?
The procedure can address several important aspects of family life.
Parental authority (autorité parentale) concerns responsibility for major decisions affecting a child, including important educational and medical matters. Joint parental authority is generally the rule in Switzerland.
Child custody and care arrangements (garde) concern where children live and how their time is divided between their parents.
Contact arrangements (relations personnelles) determine how children maintain relationships with a parent who does not have their primary care.
Child maintenance (contribution d'entretien) concerns the financial support necessary to cover children's needs, taking account of each parent's financial circumstances.
Parents may also need to address their housing arrangements, spousal maintenance and, in divorce proceedings, the division of matrimonial assets and pension entitlements.
The central principle is that children's interests must remain paramount.
Children may also be heard by the court, depending on their age and circumstances. Their views must be taken seriously, although children are not expected to decide the outcome of their parents' dispute.
What if you do not speak French?
Language is understandably a major concern for international families.
Court proceedings in Vaud are conducted in French. However, not speaking French does not prevent parents from participating in parental consensus proceedings.
If you need an interpreter for a court hearing, you can simply request one from the court. The court is responsible for arranging the interpreter; you do not need to find or appoint one yourself.
Mediation offers additional flexibility. Some mediators participating in the parental consensus programme provide services in English, while others also work in German, Portuguese and other languages.
The canton publishes an official list of participating mediators, including information about the languages in which they can provide their services.
An English-speaking Swiss lawyer can explain the proceedings, prepare documents in French and ensure that you fully understand any proposed agreement before accepting it.
Do you need a lawyer for parental consensus?
The purpose of parental consensus is to reduce conflict, not to eliminate legal representation.
A lawyer can assist you in preparing for hearings, reviewing custody proposals, calculating child or spousal maintenance and assessing the consequences of any proposed agreement.
For expatriates, legal assistance can be particularly useful where foreign assets, international relocation, residence status or questions of international jurisdiction are involved.
The objective should never be to reach an agreement at any price, but to find a solution that is fair, legally secure and sustainable for the entire family.