Swiss Civil Procedure Code

¹In the ab­sence of an agree­ment, and if the rel­ev­ant en­ti­tle­ments and pen­sions have been de­term­ined, the court shall de­cide on the ap­por­tion­ment of the shares ac­cord­ing to the pro­vi­sions of the CC² and the Ves­ted Be­ne­fits Act of 17 Decem­ber 1993³ (VBA) (Art. 122 and 123 CC in con­junc­tion with Art. 22–22f VBA), de­term­ine the amount to be trans­ferred and set a dead­line for the pen­sion funds con­cerned to con­firm the prac­tic­ab­il­ity of the planned ar­range­ment.⁴

²Art­icle 280 para­graph 2 ap­plies by ana­logy.

³In oth­er cases in which no agree­ment is reached, after the fi­nal de­cision on the ap­por­tion­ment of the shares, the court shall refer the mat­ter to the com­pet­ent court un­der the VBA, ad­vising it in par­tic­u­lar of:⁵

a.

the de­cision on the ap­por­tion­ment of the shares;

b.

the date of mar­riage and the date of di­vorce;

c.⁶

the pen­sion funds against which the spouses are likely to have en­ti­tle­ments, and the amount of these en­ti­tle­ments;

d.⁷

the oc­cu­pa­tion­al pen­sion funds that pay the spouses pen­sions, the amount of those pen­sions and the shares of the pen­sions paid.