Affidavit For Divorce for Switzerland

Affidavit For Divorce Template for Switzerland

A Swiss Affidavit for Divorce is a formal, sworn statement used in divorce proceedings within the Swiss legal system. This document, governed by Swiss federal law and cantonal regulations, contains detailed declarations about the marriage, grounds for divorce, and related circumstances. It must comply with Swiss Civil Code requirements and be authenticated by a recognized notary. The affidavit serves as a key supporting document in divorce proceedings, particularly when submitted to Swiss courts, and may need to be provided in one of Switzerland's official languages (German, French, Italian, or Romansh).

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What is a Affidavit For Divorce?

An Affidavit for Divorce is a crucial document in Swiss divorce proceedings, required when spouses seek to legally end their marriage under Swiss jurisdiction. This sworn statement must be prepared in accordance with the Swiss Civil Code (ZGB/CC) and relevant cantonal laws, typically being required at various stages of the divorce process. The affidavit contains detailed information about the marriage, separation, grounds for divorce, and related matters such as asset division and child custody arrangements if applicable. It must be notarized and may require translation into one of Switzerland's official languages. The document is particularly important in cases involving international marriages or when one party resides abroad, as it helps establish jurisdiction and verify facts for the Swiss courts.

What sections should be included in a Affidavit For Divorce?

1. Declaration Header: Formal opening stating this is a sworn affidavit, including the deponent's name and details

2. Personal Information: Full legal names, dates of birth, nationalities, and current addresses of both spouses

3. Marriage Details: Date and place of marriage, details of marriage certificate, and current marriage status

4. Separation Information: Date of separation, circumstances of separation, and current living arrangements

5. Grounds for Divorce: Statement of the legal grounds for divorce under Swiss law (e.g., mutual consent or irretrievable breakdown)

6. Jurisdiction Statement: Confirmation of Swiss court jurisdiction and residency requirements

7. Truth Declaration: Formal statement confirming all information provided is true and accurate

8. Signature Block: Space for signature, date, and notary authentication

What sections are optional to include in a Affidavit For Divorce?

1. Children of Marriage: Details of any children, including custody arrangements and support agreements - required if there are children

2. Property Statement: Declaration regarding division of matrimonial assets and property - required if there are joint assets

3. Maintenance Arrangements: Statement regarding any agreed spousal maintenance - required if maintenance is being claimed

4. Previous Proceedings: Details of any previous divorce or separation proceedings - required if applicable

5. Domestic Violence: Statement regarding any history of domestic violence - required if relevant to the divorce grounds

6. Immigration Status: Details of immigration status if either party's residency is dependent on marriage - required for international marriages

7. Reconciliation Statement: Statement about attempts at reconciliation or marriage counseling - optional but recommended

What schedules should be included in a Affidavit For Divorce?

1. Marriage Certificate: Certified copy of the original marriage certificate with translation if not in an official Swiss language

2. Separation Evidence: Documentation proving separation period if relevant (e.g., rental agreements, utility bills)

3. Asset Schedule: Detailed list of matrimonial assets and their proposed division

4. Children's Documents: Birth certificates of children and any existing custody arrangements

5. Financial Disclosure: Statement of financial circumstances including income, expenses, assets, and liabilities

6. Supporting Documents: Any additional evidence supporting the grounds for divorce

7. Translation Certificates: Certified translations of any documents not in an official Swiss language

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Affidavit

Cost

Free to use
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