Swiss Civil Code

¹ The spouses may, in an agree­ment on the con­sequences of the di­vorce, agree not to di­vide the as­sets equally or not to di­vide them at all if there are suf­fi­cient re­tire­ment pen­sion and in­valid­ity pen­sion funds oth­er­wise.

² The court may award the en­titled spouse less than half of the ter­min­a­tion be­ne­fits or rule that they should not be di­vided if good cause ex­ists. Good cause ex­ists above all when equal di­vi­sion would be un­reas­on­able:

1.

in view of the di­vi­sion of mar­it­al prop­erty or the eco­nom­ic cir­cum­stances fol­low­ing di­vorce;

2.

in view of the pen­sion re­quire­ments, in par­tic­u­lar with re­gard to the dif­fer­ence in age between the spouses.

³ The court may award the en­titled spouse more than half of the ter­min­a­tion be­ne­fits if he or she cares for joint chil­dren fol­low­ing the di­vorce and the li­able spouse con­tin­ues to have suf­fi­cient re­tire­ment and in­valid­ity pen­sion as­sets.