Division of assets and pension on divorce in Geneva

The division of assets must not be left to improvisation. Me Philippe Gobet, lawyer in Geneva, helps you establish a clear financial picture, identify the assets, debts and pension rights, then negotiate or act on a solid basis.

The division of assets on divorce in Geneva is not a simple split. It first requires a complete identification of the assets, debts and pension rights, followed by a realistic assessment of each element.

The matrimonial property regime determines the applicable rules, but experience shows that many assets, holdings or debts can be overlooked, undervalued or concealed. A structured analysis helps avoid an unequal division accepted in haste.

This identification and valuation are not sufficient on their own. It is also necessary to determine the applicable legal rules: establishing who owns the assets, taking account of the applicable matrimonial property regime and, where applicable, settling the claims arising between the spouses as a result. Occupational pension, for its part, follows its own rules of division.

A structured analysis, both financial and legal, thus helps ensure that no asset, holding or debt is overlooked, undervalued or treated under an inappropriate rule.

Furthermore, as regards the applicable rules, it is essential to determine the applicable matrimonial property regime.

The aim is not to settle everything immediately, but to build a complete and defensible picture before entering into negotiation or proceedings.

Real estate

The real estate held by the spouses, its estimated value, the mortgages encumbering these properties and each party's share according to the matrimonial property regime must be identified with precision.

Accounts and savings

Bank accounts, savings accounts, investments and movable assets held individually or jointly must be recorded, including those that may not be spontaneously declared.

Debts and loans

Debts, outstanding loans, leasing and other financial commitments are taken into account in the division. Forgetting certain debts can distort the balance of an agreement.

Pension (2nd pillar)

The occupational pension (second pillar) accrued during the marriage may be subject to division. The statements from the pension funds must be obtained and verified.

Business and shareholdings

When a spouse holds a business, shareholdings or partnership interests, the value and nature of these assets must be assessed with care, sometimes with the support of an expert.

Assets or holdings abroad

Holdings located abroad, whether real estate, accounts or investments, must be identified. Their treatment may raise specific questions that should be analysed.

The assets are difficult to establish

When financial information is incomplete, scattered or not transparent, a prior analysis helps identify the available elements and define the steps to obtain the missing information.

Disagreement over the value of an asset

A property, a business or investments may be subject to diverging valuations. It is useful to prepare a documented position before accepting or contesting a value.

Assets or debts may not be disclosed

It may be that certain information provided by your spouse is incomplete, whether deliberately or through simple omission, particularly regarding accounts, holdings or debts. It is then useful to determine the appropriate steps before any negotiation or action.

A business is held by a spouse

The valuation of a business or shareholdings raises technical questions. A prior analysis helps identify the elements to verify and, where applicable, to plan an expert valuation.

The pension must be verified

The occupational and individual pension rights accrued during the marriage must be identified and quantified. The statements from the pension funds are essential elements of the division.

A division agreement is proposed

Before accepting a draft agreement, it is important to verify that it rests on a complete inventory, that the values are fair and that no asset or debt has been omitted.

Possible objectives:

• Inventory all assets and debts
• Verify the values put forward by the other spouse
• Identify undisclosed or hard-to-trace holdings
• Assess the occupational and individual pension
• Prepare a structured division proposal
• Negotiate a balanced and enforceable agreement
• Seek a decision when dialogue is blocked

A consultation is more effective when you arrive with the right elements. Here is what is useful to gather:

• Recent tax assessments
• Bank account statements
• Title deeds and land registry extracts
• Mortgage contracts and amortisation schedules
• Credit or leasing agreements
• Occupational pension statements (2nd pillar)
• 3rd pillar certificates
• Securities, shares and shareholdings held
• Insurance contracts and investments
• Information on inheritances or gifts received

On divorce, assets are not simply divided between the spouses like a cake. The first step is to determine who owns each asset.

It is then necessary to take account of the type of applicable matrimonial property regime. Beyond the ownership of the assets, the dissolution of the matrimonial property regime may sometimes give rise to claims and debts between the spouses.

In other words, the division of assets does not consist only in determining the value of the assets. It also requires determining the respective rights of each spouse over these assets, as well as any claims arising from the matrimonial property regime.

The pension accrued during the marriage is an important element of the division. The second pillar (occupational pension) and the third pillar (individual pension) raise specific questions that should be analysed with care.

The division of occupational pension (2nd pillar) follows specific rules, whereas the treatment of individual pension (3rd pillar) depends on the contractual clauses concluded and may be influenced by the type of applicable matrimonial property regime. There is no automatic formula: a concrete analysis is essential to avoid underestimating or overestimating the rights concerned.

Division agreement

When the spouses manage to agree, it is appropriate to prepare a clear and complete division of the assets and pension, based on a precise inventory and verified values. The agreement can then be incorporated into the divorce settlement and submitted to the judge in an amicable procedure.

Court intervention

When no agreement is possible, the divorce judge is called upon to decide the disputed questions: qualification and value of the assets, liquidation of the matrimonial property regime, division of the pension or other financial claims. A court application then helps defend the rights concerned.

Frequently asked questions — Division of assets and pension

Careful answers to the questions that arise most often. Each situation depends on its own circumstances.

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