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Divorce
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I want to get divorced, what should I do?
Do you agree that you want a divorce?
YES
mutual divorce petition to the court
(no timescale)
NO
Divorce Petition to the court
(timescale: at least two years living separated)
Together with a divorce convention settling all marital consequences
no settlement agreement
Where: The District Court competent for your place of residence or the District Court competent for the place of residence of the spouse. (for the canton of Zurich:link).
When: Should both parties agree that the marriage should be divorced, then a divorce is essentially possible at any time. It is however kinder for all concerned when you live separate for a time, because of the mutual children.
Should you however not agree, the court will require you to live separate for two years before the court will consider any divorce petition.
How: By means of an official form of a mutual divorce petition of both parties (Link) or by mean of a divorce suit before the court by one party against the other: link
Who:
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Divorce petition by mutual consent of both spouses together.
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Divorce suit by one spouse against the other.
Legal Fees for a Legal Advisor and Costs of the Court:
As a rule, divorce proceedings involve the costs of the court for the judicial divorce decision, as well legal fees and/or mediation fees of a legal advisor for drafting the divorce convention as well for representation before the court.
In Canton Zurich, Switzerland the court costs of the judicial divorce proceedings are from CHF 2,400.00 upwards. Furthermore, come the legal fees for drafting the divorce convention when the parties retain a legal advisor. This can vary dependent upon the complexity of the case and time spent by the legal advisor.
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Should you have legal protection insurance, please enquire of the insurer about the coverage of legal fees.