Procedures
Separation: every step in Switzerland
Living apart, children, housing, insurance and taxes: here are the steps to take in Switzerland when you separate, with the deadlines and the official links.
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The complete checklist
12 steps, grouped by topic. Some only apply in certain situations.
Living apart
Organise living apart
ImportantDepends on your situationAgree in writing on maintenance, housing and the children. Without an agreement, either of you can ask the court to decide these points (art. 176 CC; art. 17 LPart for registered partners).
Deadline: From the separation
Divorce: good to know
Depends on your situationA separation does not end the marriage. After 2 years of living apart, either of you can ask for a divorce, even without the other’s consent (art. 114 CC).
Deadline: Information
Children
Custody of the children and contributions
ImportantDepends on your situationDecide where the children live, contact arrangements and maintenance contributions. Without an agreement, the court takes the necessary measures (art. 176 CC).
Deadline: From the separation
Child maintenance agreement
ImportantDepends on your situationPut custody and the maintenance contribution in writing. The agreement only binds the child once it is approved by the child protection authority (art. 287 CC).
Deadline: From the separation
Housing
The family home
ImportantDepends on your situationTo terminate the lease of the family home, you need the express consent of your spouse or partner, even if they are not on the lease (art. 266m CO, art. 169 CC).
Deadline: Before any termination
Lease in both names
Depends on your situationIf you signed the lease together, the termination must as a rule be signed by all the tenants. Talk to the landlord if one of you is staying.
Deadline: According to the lease’s notice period
At your municipality
Report the change of address
ImportantDepends on your situationThe person who moves reports their departure and arrival to the residents’ registration office.
Deadline: Usually within 8 to 14 days of moving (depending on the canton)
Insurance
New address for your insurers
Depends on your situationGive your new address to your health insurer and your other insurers. Check who is still covered by the household contents and personal liability insurance.
Deadline: As soon as you move
Taxes
Taxes: separate assessment
ImportantDepends on your situationSeparated spouses are taxed separately for the whole year of the separation (art. 42 LIFD). Maintenance payments are as a rule deductible for the person who pays them and taxable for the person who receives them (art. 23 and 33 LIFD).
Deadline: From the tax return for the year of the separation
Pensions
OASI (AVS) and 2nd pillar
Depends on your situationSeparation does not split OASI (AVS) or the 2nd pillar. OASI income (splitting) and 2nd pillar assets are divided at divorce (art. 122 CC).
Deadline: Information
Finances
Accounts and cards
Review your joint accounts, cards and powers of attorney. Open an account in your own name for your salary.
Deadline: From the separation
Joint contracts
Go through the contracts in both names (internet, phone, leasing, subscriptions) and cancel or transfer those you no longer need.
Deadline: According to each contract’s notice period
Your list, tailored to your situation
Answer a few questions: we keep the steps that apply to you, with your deadlines and reminders.
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General information on Swiss law, not legal advice. Rules may vary depending on the canton and the municipality.