These are the Costs Incurred in a Divorce in Switzerland
If you want to get a divorce, you must consider many legal aspects and think about the financial consequences. Since divorces in Switzerland are always decided in court, there will also be court costs. In most cases, there will also be costs for a lawyer. In this article, you will learn what costs to expect when getting a divorce in Switzerland and how you can save on divorce costs.
How Are the Costs of a Divorce Composed?
A divorce is not only a significant emotional burden but can also be a financial challenge. The costs of a divorce in Switzerland usually amount to at least CHF 1,500. However, it is not possible to provide a flat rate. The costs depend on various factors that vary greatly depending on the individual case and the canton. Generally, the costs of a divorce can be divided into two areas:
- Court costs: These are the costs that the court charges for processing the application and for the hearings.
- Attorney fees: If you are advised or represented by a lawyer, there will also be costs for this.
How High Are the Court Costs for a Divorce?
Most lawyers base their fees on individual fee agreements with their clients. The decisive factors here are the value of the dispute, the financial capacity of the clients, the complexity of the case, and the time required. It is advisable to clarify and agree on the fees with your chosen lawyer in advance.
Some lawyers also base their fees on cantonal fee regulations. Therefore, it depends on your place of residence and the amount in dispute. The higher the amount in dispute, the higher the fees.
Court costs for divorces vary significantly depending on the canton and the complexity of the process. Generally, mutual consent divorces are associated with lower costs than contested divorces, as the former typically require less effort from the court.
Cantonal Court Fees
To give you a better understanding of the costs you can expect for a mutual consent divorce, here is an overview of the minimum court costs in various cantons:
- Aargau: 1’800 CHF
- Appenzell Innerrhoden: 1’600 CHF
- Appenzell Ausserrhoden: 1’200 CHF
- Bern: 1’800 CHF
- Basel-Landschaft: 1’700 CHF
- Basel-Stadt: 830 CHF
- Glarus: 1’800 CHF
- Graubünden: 1’500 CHF
- Luzern: 1’800 CHF
- Nidwalden: 1’800 CHF
- Obwalden: 1’800 CHF
- St. Gallen: 1’800 CHF
- Schaffhausen: 2’000 CHF
- Solothurn: 1’500 to 1’700 CHF (depending on the court district)
- Schwyz: 2’000 CHF
- Thurgau: 1’400 to 1’800 CHF (depending on the court district)
- Uri: 1’700 CHF
- Zug: 1’800 CHF
- Zürich: 1’200 to 2’600 CHF (depending on the court district)
It is important to note that court fees may also depend on the net income of the partners. Therefore, it is advisable to seek advice from a divorce lawyer or contact the competent court for your individual case.
Tip: If you and your spouse live in different cantons, it is worth comparing the respective cantonal court fees. You may be able to save costs by filing the application in the cheaper canton. However, be careful not to accidentally file divorce applications in both cantons at different times. In such a case, the first application filed will be considered, and you may have to accept the more expensive option according to Article 64 of the Code of Civil Procedure (CPC).
Court Costs for Contested Divorces
If a divorce is filed by mutual consent but not all ancillary matters are resolved, the court costs will vary depending on the remaining dispute value and the complexity of the hearings. The same applies to unilateral divorces, where the court is responsible for deciding all consequences of the divorce. The court costs here also depend on the dispute value, the duration, and the complexity. The final cost for contested divorces depends on the following factors:
- Fees for summons, postal deliveries, etc.
- Court expenses, such as for expert opinions
- Flat-rate amounts for court decisions
- Evidence costs
- Representation costs for children, if applicable
Who Has to Bear the Divorce Costs?
Which partner bears the court costs depends on the type of divorce and the course of the proceedings:
- For mutual consent divorces, each party usually pays half of the court fees and their own attorney fees. However, the division of court costs can be regulated differently in the divorce agreement.
- In a divorce lawsuit, the losing party bears the entire court costs according to Article 106 CPC. If there is no clear losing party, the costs are divided at the court's discretion.
- If a divorce lawsuit is withdrawn, the withdrawing party is considered the losing party and must bear the incurred costs.
What Can I Do if I Cannot Afford the Divorce Costs?
Not every couple has the financial means to cover the costs of a divorce. Therefore, according to Article 29 Paragraph 3 of the Federal Constitution and Article 117 CPC, it is possible to apply for so-called legal aid in such cases. This includes both free legal proceedings and free legal representation during the divorce. However, you must clearly demonstrate that neither you nor your spouse has the financial means.
You submit your application for free legal representation together with your divorce petition to the competent court. In this application, you request both an exemption from costs and the appointment of a free legal representative, whose fee will be paid by the state.
How Can I Reduce the Costs of a Divorce?
A divorce can involve significant costs, but there are ways to keep them as low as possible. The most important strategy is to always strive for an amicable divorce. The costs of a divorce by mutual consent are always lower than those of a contested divorce, even if there are still some disputed points when the application is submitted.
Consulting a mediator or a non-lawyer separation advisor can be an effective and cost-efficient option to negotiate at least a mutual divorce petition, ideally even a comprehensive or partial agreement. Mediation aims to help couples find objective and peaceful solutions to existing conflicts out of court. Investing in mediation can save you considerable court costs. Moreover, agreements reached jointly are usually more sustainable and durable than those determined by a judge.
Divorce Without a Lawyer?
Many couples forgo a lawyer in their divorce for financial reasons. While this can lower the costs incurred, it is rarely advisable. A family law attorney or divorce lawyer is an expert in civil law and civil procedure and knows exactly how to formulate divorce applications effectively. Consulting a family law attorney can help you avoid serious mistakes in the divorce agreement or in a divorce lawsuit, which could result in higher costs than the initial legal assistance.
A divorce without a lawyer is relatively low-risk only if you and your partner agree on all aspects and consequences of the divorce, and if you file for divorce by mutual consent, or if there is a prenuptial agreement.
FAQ: Divorce Costs
There is no flat rate for divorces in Switzerland. Court costs vary between cantons, and it also depends on whether and to what extent you use legal assistance.
The more decisions the court has to make for a divorcing couple, the higher the court costs, which make up the largest portion of divorce costs. These include general costs for templates, flat rates for court decisions, evidence costs, and court expenses.
The costs of an amicable divorce depend on the court fees of your canton of residence. Currently, these range from CHF 830 in Basel-Stadt to up to CHF 2,600 in Zurich. These are only average values, as court costs also depend on the income of the spouses.
It is not possible to provide a flat rate for the costs of a contested divorce. Depending on the value of the dispute and the duration of the process, court fees increase significantly compared to amicable divorces. Additionally, contested divorces almost always incur attorney fees, which vary depending on the fee agreement and time spent.
You can theoretically forgo legal representation in a divorce and save these costs. However, this is not advisable, especially if the divorce is contested or litigated. Legal advice or representation ensures the legal validity of all documents and all decisions regarding the consequences of the divorce.
The court costs for a divorce are determined individually by each canton. In the cantons of Zurich, Solothurn, and Thurgau, court fees even vary between districts. In some cases, attorney fees are also based on cantonal fee regulations.
It is always cheaper to file for a mutual consent divorce than to file a divorce lawsuit. Through mediation or non-lawyer separation counseling, you can cost-effectively try to resolve existing conflicts and achieve amicable agreements.