Choice of applicable law (PILA art. 61)

In principle, a divorce pronounced in Switzerland is governed by Swiss law (art. 61 al. 1 PILA). However, the spouses can opt — by written and explicit agreement — for the law of their common nationality if they share one.

The choice is not trivial :

• French law does not provide the automatic equal split of second-pillar pension assets that Swiss law does;
• reserved-share rules in succession differ between France and Switzerland, with downstream effects on death;
• the duration and amount of post-divorce maintenance vary by legal system.

The choice must be recorded in a written agreement signed by both spouses. It cannot be implicit.