Uncontested divorce (joint petition) — CC arts. 111-112

Joint-petition divorce in Geneva — comprehensive agreement, ratification by the Court of First Instance, accelerated 4 to 9 month timeline. CC arts. 111-112.

When both spouses agree on every effect of the divorce, the uncontested-divorce track (CC arts. 111-112) is the most efficient route — 4 to 9 months at Geneva, predictable cost, no adversarial litigation. But “agreement” must be real, balanced and complete; the court does verify, and a half-baked convention will be sent back.

Two flavours: full agreement vs. partial agreement

Full agreement (CC art. 111)

Both spouses agree on every consequence of the divorce :

  • the divorce itself;
  • parental authority, custody, visitation;
  • child maintenance;
  • spousal maintenance (or its absence);
  • liquidation of the matrimonial property regime;
  • division of the second-pillar pension;
  • attribution of the family home;
  • financial settlement (soulte, debt-allocation, real estate transfer).

The judge ratifies the agreement after verification. Timeline: 4 to 6 months at Geneva.

Partial agreement (CC art. 112)

The spouses want to divorce but disagree on one or more effects (typically custody arrangements, maintenance amount, or asset valuation). They file a joint petition and ask the court to rule on the contested points. The agreed parts are ratified, the contested parts adjudicated.

Timeline: 10 to 18 months depending on the number of contested points.

Conditions for ratification

The judge does not rubber-stamp. The court verifies :

  • Free and informed consent — separate hearing of each spouse to confirm the decision.
  • Balance of the agreement — particularly for children. A maintenance amount manifestly insufficient or a custody arrangement evidently against the child’s interest is sent back.
  • Reflection — both spouses confirm the decision after a period of reflection.

Where the agreement is incomplete or unbalanced, the judge requests modifications. Two iterations are not unusual.

Building the agreement

A well-drafted divorce convention covers, item by item :

1. The divorce itself

Joint will to divorce, confirmed after reflection.

2. Parental authority and custody

  • Sole or joint parental authority.
  • Sole or alternating custody, with detailed weekly and holiday calendar.
  • Decision-making on major matters (school, healthcare, residence).

3. Maintenance

  • Child maintenance with the Federal Tribunal two-step calculation.
  • Care contribution (Betreuungsunterhalt) for the parent providing daily care.
  • Spousal maintenance: amount, duration, indexation, conditions for adjustment.

4. Matrimonial property

  • Valuation date.
  • Allocation of immovable property, vehicles, financial accounts.
  • Treatment of pre-marital and inherited assets.
  • Soulte payment terms.

5. Second-pillar pension

  • Equal split per CC art. 122.
  • Specific transfer amounts and dates.

6. Family home

  • Attribution (to one spouse, sale, joint-ownership pending sale).
  • Modalities of departure or transfer.

7. Disposition of assets and debts

  • Bank accounts: who keeps what.
  • Outstanding debts: who assumes which.
  • Tax position for the year of divorce.

8. Practical clauses

  • Indexation of maintenance (Swiss CPI).
  • Adjustment mechanism on material changes.
  • Cross-border enforceability if applicable.

Timeline

  • Drafting and signing the convention: 1 to 3 months.
  • Filing the joint petition: 1 week to file at the Court of First Instance.
  • Ratification hearing: 2 to 4 months after filing.
  • Judgment notification + 30-day appeal window: 1 to 2 months.
  • Effective date: usually the day after the appeal window closes.

Total: 4 to 9 months. Faster than many think.

Cost

  • Counsel fees: typically CHF 3’500 to 7’500 for a complete file, depending on complexity. Flat fees often available.
  • Court fees: CHF 1’000 to 3’000 depending on the value at stake.
  • Notarial fees for real estate transfers: CHF 1’500 to 5’000.
  • Total all-in: CHF 5’000 to 15’000 for most uncontested divorces.

Cross-border considerations

For binational couples, uncontested divorce is still possible — and often preferable — but requires careful drafting :

  • Applicable law chosen explicitly (CC art. 61 PILA).
  • Lugano-ready maintenance clauses for cross-border enforcement.
  • Pension transfer specifying the receiving fund’s IBAN and contact information.
  • Cross-border child-custody schedule integrating French school calendars.

What you receive

  • Pre-drafting diagnostic of whether full agreement is realistic.
  • Drafting of the complete convention with all technical clauses.
  • Joint negotiation with the other spouse’s counsel.
  • Filing of the joint petition.
  • Ratification hearing handling.
  • Follow-up on pension transfer and real-estate registration.

First consultation CHF 50.

Discuss my uncontested divorce