If my wife hits me, can I divorce her without her consent?

If my wife hits me, can I divorce her without her consent?

"Having been violently assaulted by my wife, I had to flee my home. I had to go to A&E and was under the care of a doctor for a fortnight. Can I start divorce proceedings without her consent and without waiting two years? If so, does this procedure have a chance of succeeding? What would happen if I didn't hire a lawyer?

Marc, Coppet

According to Art. 114 of the Civil Code, a spouse may only file for divorce unilaterally if, at the time of filing the petition, the spouses have lived separate and apart for at least two years. However, under art. 115 of the Civil Code, a spouse may apply unilaterally for a divorce before the two-year period has expired if there are serious reasons for which he or she is not responsible that make the continuation of the marriage unbearable. This legal provision therefore makes it possible to apply for a divorce without a waiting period if the marital relationship has broken down and it is intolerable for one of the spouses to continue the marriage from an objective point of view, without the grounds being attributable to him or her. The judge must rule according to the circumstances of the case and according to law and equity.

The Federal Council has specifically ruled that the continuation of the marriage is unbearable in cases of serious physical violence against the applicant spouse. Thus, the Federal Court has accepted that acts of violence that endanger physical and mental health may constitute serious grounds within the meaning of art. 115 CC, particularly in the case of a wife beaten by her husband who has had to undergo intensive psychological treatment over a long period of time.

Your proceedings therefore have a chance of succeeding, but the judge will decide after examining all the circumstances. The procedure, for which it is in principle preferable to be assisted by a lawyer, begins with the submission of a brief to the Court. It should be noted that such proceedings may last longer than ordinary divorce proceedings, as the judge will first have to decide whether the conditions of art. 115 CC have been met.

As you live in the canton of Vaud, the district court has jurisdiction and you are entitled to apply to this court without the assistance of a lawyer, although this is not advisable. Note that you can also file a request for divorce yourself in a few lines with the Justice of the Peace, whose sole role is to attempt conciliation between the parties and who may be able to persuade your wife to accept the principle of divorce.