Divorce abroad: My ex-partner agrees to split the pension assets in Switzerland. What do we need to do?

• Pension equalisation
• Private Clients

If your marriage was dissolved abroad (Germany, France, etc.) and you have pension fund assets (2nd pillar, pension assets) acquired during your marriage in Switzerland, you are faced with a special situation: Swiss pension assets are not automatically divided by the foreign divorce decree. If both former spouses agree to the division of the pension assets, we can handle the settlement for you quickly and in a legally compliant manner.

What do we need to do to divide pension fund assets in Switzerland?

Basically, equal entitlement

Under Swiss law, everything accumulated in occupational pension plans (pension funds) during the marriage must be divided equally in the event of divorce, regardless of whether the spouses were divorced in Switzerland or abroad. Important: Only a Swiss court with jurisdiction ( ) can legally order the division of Swiss pension fund assets. A foreign divorce decree is not sufficient for this purpose.

What should be done if both parties agree?

• Inform the pension fund(s)
  Inform the Swiss pension fund(s) about the divorce abroad. Request written confirmation of the pension assets accumulated during the marriage.
• Joint procedure
  If both former partners agree to a 50/50 split, we can initiate the Swiss procedure on your behalf and prepare an agreement for you. This makes the process faster and less complicated.
• Submit an application to the competent Swiss court
  We will submit an application to the competent Swiss court for recognition and supplementation of the foreign divorce decree with regard to the pension assets to be divided.
• Court decision
  The court reviews the documents and issues a decision ordering the division of the assets. The pension fund then transfers the corresponding amount to the pension account (or a vested benefits account) of the entitled ex-partner.

What you need to bear in mind

• Without a Swiss court decision, the assets remain frozen – even if both parties agree.
• The procedure is still possible even years after the divorce.
• Mutual agreement speeds up the process considerably and saves costs.

Conclusion

Even if you were divorced abroad and have reached an agreement with your ex-partner on the division of pension assets in Switzerland, there is no way around supplementary proceedings before a Swiss court. If both parties are cooperative, the proceedings are usually completed quickly. We will support you in handling the process efficiently and correctly.