In other words, the judge will consider whether the spouses have voluntarily and carefully concluded the marriage contract and whether it is not manifestly unfair, while carefully considering the child`s issue. In the first place, the spouses can jointly apply for divorce and submit to the judge either (i) a global agreement on the consequences of the divorce (parental rights, liquidation of matrimonial property, child and spouse`s pension, division of pension rights), or (ii) a partial agreement with elements on which they fully agree. The judge is responsible for approving the agreement and ruling on issues on which the spouses are unable to agree. As part of the divorce agreement, one spouse may be responsible for paying the other alimony. The court considers several factors in deciding what is paid. These include the length of marriage, whether both partners are working, and whether a partner offers childcare, income, debt, savings and health. Second, a spouse can apply for divorce independently if the spouses have lived separately for at least two years at the time of application. The separation may have been voluntarily authorized by the spouses or imposed by the circumstances. When the domicile of the spouses is transferred from one State to another, the law of the new residence applies and applies retroactively from the date of marriage. Spouses may exclude retroactivity by written agreement. The change of residence does not affect the applicable law if the spouses have agreed in writing to continue the application of the previous law or if they are bound by a contract of matrimonial property. However, a decree adopted in a State whose nationality is neither the spouse nor the sole complaining spouse is recognized in Switzerland only if the marriage and afternoon contracts are binding under Swiss law, provided that they meet certain legal conditions.
They must be supplemented by a “notarial deed”. (Art. 184, Swiss Civil Code). The notary has the duty to ensure that the contract is based on the free will of the parties and that it complies with the law. The notary must also explain to the parties their current legal status and the changes provided for in the marriage contract, ensure that the parties understand the importance of the contract and ensure that the contractual provisions are in accordance with the wishes of the parties. However, if the notary does not comply with these obligations, the contract remains valid, although the notary may be sued for damages. The registration of marriage contracts was abolished in 1988. Marriage contracts enter into force with the celebration of the marriage (art.
182, Swiss Civil Code). Spouses may, at any time during their marriage, enter into a marriage contract or amend or cancel a marriage contract. Full disclosure of the spouses` property and debts is not necessary….