Divorce or separation agreement in Geneva

You wish to propose a draft divorce agreement to your spouse, or they have submitted a draft to you. In Switzerland, the vast majority of divorces are settled by agreement. An agreement, even an amicable one, binds both spouses for the long term. Me Philippe Gobet, lawyer in Geneva, helps you prepare, review or improve your agreement before signing.

A separation or divorce agreement sets out the main effects of the separation or divorce.

Once signed and validated, it often becomes difficult to modify. A prior review by a lawyer makes it possible to verify that each party's rights and obligations are properly taken into account and that the overall balance is preserved.

An additional reason to have an agreement reviewed lies in the fact that, in certain cases, the judge must himself review all or part of it before approving it. A lawyer's involvement makes it possible to anticipate this review and prepare a legally sound agreement.

Children

The organisation of the children's lives, their place of residence, personal relations with each parent and the important decisions concerning them must be defined in a clear and workable manner.

Housing

The occupation of the family home, its possible definitive attribution, as well as the fate of the lease or mortgage and any departure conditions must be precisely regulated.

Maintenance payments

Any maintenance payments in favour of the spouse and the children, their amount, payment terms, duration and conditions for modification must be clearly defined.

Assets

The division of assets, including real estate, as well as the treatment of claims and debts must be based on a complete inventory and a reliable valuation.

Pension

Professional and personal pension rights must be examined so that each party's rights are properly taken into account.

Practical arrangements

The terms of execution of the agreement, deadlines, conditions for revision and the mechanisms provided in the event of difficulty must be defined with sufficient precision to avoid subsequent ambiguities.

Draft prepared by yourself

You have prepared a draft agreement yourself and wish to ensure that it is complete, legally coherent and suited to your situation before submitting it to your spouse.

Draft prepared by your spouse

Your spouse has submitted a draft agreement to you. An independent review makes it possible to assess its consequences and verify that your interests have been properly taken into account before any acceptance.

Draft prepared together

You have drawn up a draft agreement with your spouse, possibly in the context of mediation. A legal review makes it possible to secure the agreement reached and identify any points that still need to be clarified.

Draft prepared by your spouse's lawyer

Your spouse's lawyer has prepared a draft agreement. It may be useful to have it examined by your own lawyer in order to obtain an independent analysis of its content and consequences. Even if you are already assisted by a lawyer, an independent second opinion may be useful when an important issue remains or a particular point deserves to be reconsidered.

Agreement signed but not yet approved by the judge

An agreement has already been signed, but it still has to be submitted to the judge. It may be advisable to have it examined before approval in order to identify any points that still require clarification or adaptation. At this stage too, an independent review may be useful before judicial approval.

Agreement already approved by the judge

An agreement has already been approved by the judge, but you regret having signed, or your situation or that of your spouse has changed, or certain difficulties have arisen in its application. A lawyer can examine whether a modification remains legally possible and, if so, under what conditions.

Pressure to sign

When pressure is exerted to sign quickly, a prior review makes it possible to step back and refuse a hasty or unbalanced commitment.

Need for a second opinion

Even when the agreement appears acceptable, a review by an independent lawyer makes it possible to ensure that no point has been overlooked and that the overall balance is respected.

Possible objectives:

• Determination of your priorities
• Analysis of each clause and its compliance with your rights and, where applicable, those of your children
• Verification of compliance with the applicable legal rules
• Identification of risky, missing or imprecise clauses
• Assessment of the coherence and balance of the agreement as a whole
• Verification of the consistency of amounts, values and reciprocal commitments
• Distinction between definitive provisions and provisions that can be modified subsequently
• Preparation of a draft agreement or, as the case may be, of modifications and counter-proposals
• Negotiation of points requiring adaptations with a view to a more balanced agreement and recommendation not to sign in the event of an agreement contrary to your interests or incomplete
• Examination, in the case of an agreement already signed but not yet approved by the judge, of the possibility of requesting its modification or revisiting certain commitments

For an effective consultation, it is useful to gather the following elements:

• Draft agreement or prior arrangement
• Income and payslips of both spouses
• Current expenses and household budget
• Documents relating to the children (school, health, organisation)
• Asset inventory (real estate, accounts, securities)
• Pension certificates and statements (2nd pillar, 3rd pillar)
• Existing decisions or agreements
• Important written exchanges between the spouses

A draft agreement may organise all the consequences of the divorce — children, housing, maintenance, assets and pension — in an agreement on the effects of divorce. When the spouses agree on all these points, a divorce by joint application may be presented to the court with an attached agreement.

Before signing or filing such an agreement, it is useful to verify its overall balance, the consistency of the figures and the long-term consequences. An amicable divorce agreement is not neutral: it reflects an organisation that must be analysed with perspective to ensure that no point has been omitted or underestimated.

Negotiated agreement

When dialogue remains possible, it is beneficial for both parties to seek a balanced, realistic and durable agreement.

Unilateral proceedings if the agreement fails

When negotiation fails, a structured approach makes it possible to assert your rights before the judge.

Frequently asked questions — Separation or divorce agreement

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

To book an initial consultation, use the Contact and strategic consultation page.