Lawyer for your divorce in Geneva

Unilateral Divorce Lawyer

Difference between a Non-Mutual Consent Divorce and a Partial Agreement Mutual Consent Divorce

It is very important to highlight a fundamental difference between a unilateral divorce petition and a mutual consent divorce with partial agreement.
A non-mutual consent divorce is a unilateral procedure initiated by one of the spouses when the other spouse does not agree to the divorce. This refers to a disagreement on the very principle of divorce.

However, when spouses agree to divorce but cannot agree on the terms of the divorce – the ancillary effects of the divorce – such as child custody or alimony, we then speak of a mutual consent divorce with partial agreement.

The first question to ask in order to define the procedure to follow is this: do you agree or disagree on the principle of the divorce. If yes, you are facing an amicable divorce with complete or partial agreement. If you do not agree on the principle of the divorce itself, you must engage in a unilateral divorce petition process.

Conditions for Initiating a Unilateral Divorce Procedure

A divorce procedure without agreement between spouses can only be initiated if one of the following two conditions is met:

  • the spouses have been separated and not cohabiting for at least 2 years, or
  • when continuing the marriage becomes unbearable for one of the spouses.
  • Until one of these conditions is met, any divorce petition to the competent court will be dismissed.

Therefore, if you have to wait 2 years before initiating a divorce procedure, you might need or want to set certain rules with your future ex-spouse regarding, for example, child custody during the two-year separation, maintenance contributions, or the allocation of the family home during the separation. In this case, marital protection measures (MPUC) will allow you to obtain from a judge the establishment of the rules of the game.

An initial consultation

from 60 min to CHF 220.00

Asses your situation with a specialized lawyer.

You only want an appointment to ask some questions?
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Is your situation unclear?

Opt for an initial consultation with a lawyer.

You will then decide if you wish to proceed and our lawyers will give you the cost of the procedure according to your case. Appointments available in person or by videoconference.

The next steps

  1. You make an appointment with one of our lawyers
  2. We establish together the next steps
  3. We draw up the documents (agreement and petition) by one of our lawyers
  4. You validate the acts
  5. We send the documents to the court
  6. We accompany you to the court hearing
  7. We check the judgment

Our lawyers

Me Sara Perez

Me Pauline Schott

Need a lawyer in Geneva?

Take an appointment now

by calling our secretariat or by filling out the form below. Appointments available in person or by videoconference.

+41 22 348 32 35