• news-banner

    Expert Insights

UK divorces and Swiss pension fund assets: anticipate a complementary Swiss procedure when divorcing in the UK

As a rule, both in England and in Switzerland, pension fund assets are split upon divorce. And these can be - along with the family home - valuable assets.

The Swiss legal framework

Since 1 January 2017, Swiss pension funds no longer implement foreign divorce decisions deciding on the splitting of Swiss pension fund assets. Only Swiss judges are competent to decide on the division of pension assets held with a Swiss pension fund.

Foreign judgments relating to the division of a pension fund with a Swiss institution that came into force before 1 January 2017 can be recognised in Switzerland under the conditions of the previous law.

English orders are no longer executed insofar as they concern the division of Swiss pension assets.

Consequently, if one of the spouses (or both) has pension fund assets in Switzerland which are to be split, a complementary action shall be filed with the competent Swiss courts. Action is usually brought at the place where the pension fund institution has its seat.

How to proceed in practice

Due to the exclusive jurisdiction of the Swiss court, Swiss legal advice on the Swiss pension fund asset splitting is recommended. This is to ensure that the English Order is properly formulated in view of the future Swiss complementary procedure.

Once the final decree is rendered in the UK, the ex-spouses will have to mandate a Swiss counsel for him to file an “action en complément du jugement de divorce” with the competent Swiss court.

In Switzerland, this procedure is relatively fast. Depending on the competent court, the judge in charge of the case might require a hearing. Hearings are in person with the partner in attendance. That said, a person residing abroad can be excused from appearing in person at a hearing.

Transfer of Swiss pension fund assets

Once the Swiss judgment is rendered, the Swiss court will order the Swiss pension fund to transfer part of the pension fund assets on a special account solely intended for pension fund assets.

In Switzerland, pension fund assets can only be deposited with a pension fund or with a vested benefits account, in French “compte de libre passage”. When reaching the Swiss legal age of retirement (of 65 years), the amount can either be withdrawn in capital or a monthly income can be paid.


Our family team in Switzerland is well placed to assist. For further information, please contact Joanna Metaxas.

Our thinking

  • IBA Annual Conference 2025

    Simon Ridpath

    Events

  • The Murdochs and the Buffetts – succession planning for billionaires

    Tamasin Perkins

    Insights

  • LCIA's 2024 Casework Report – Still Going Strong

    Dalal Alhouti

    Quick Reads

  • Jurisdictions: choosing the right base for your family office

    Insights

  • Serious failings by Trustee amount to a breach of trust: Charles Russell Speechlys advises the Hon. Mrs Dawson-Damer in appeal of long-running trust dispute

    Ziva Robertson

    News

  • Family Investment Companies: Rising Popularity Amid Business Property Relief Changes

    Mary Perham

    Insights

  • Maddie Dunn writes for Farmers Guardian on last month’s Spending Review and the Government’s attitude to farming

    Maddie Dunn

    In the Press

  • Thomas Moran and Ruth Morris write for Prime Resi on the Prime London market and the wider impact of rental reform

    Thomas Moran

    In the Press

  • ICC Arbitration Statistics 2024 – UAE Breaks into Top 5 Seats

    Dalal Alhouti

    Quick Reads

  • How does extradition work?

    Ghassan El Daye

    Insights

  • Extradition in the United Arab Emirates (UAE)

    Ghassan El Daye

    Insights

  • UK tax considerations for US persons relocating to the UK

    Matthew Radcliffe

    Insights

  • Offshore trusts: Have reports of their demise been greatly exaggerated?

    Dominic Lawrance

    Insights

  • Keeping compliant: Navigating SFO regulations globally

    Christopher Gothard

    Insights

  • Valuable assets protection from death, disputes, and divorce

    Sarah Jane Boon

    Insights

  • Q&As: The Evolution of Family Offices

    Amira Shaker-Bortman

    Insights

  • Parental responsibility = shared care… Or does it?

    Hilde Braaten Resseth

    Quick Reads

  • Next Gen: Upholding family values

    Elinor Boote

    Insights

  • Relocation: Important factors to consider before moving

    Insights

  • The Two Most Feared Foreign Tax Provisions in the One Big, Beautiful Bill: Now Eliminated or Defanged

    Ivan Lu

    Quick Reads

Back to top