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  #21  
Old 31.08.2016, 11:18
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Re: Deemed marriage/divorce

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Doesn't directly answer phil's question, but the bit about the pension fund is at least correct; after living together for five years (registered at the same address, that is), my girlfriend becomes eligible for a pension fund payout should I kick the bucket.

Please, if you value my continued posts here (unlikely, I know), don't telling her that...
so you can live with someone for 5 years, let them have a fatal 'accident' and their pension fund is yours?
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  #22  
Old 31.08.2016, 11:19
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Re: Deemed marriage/divorce

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Doesn't directly answer phil's question
My answer was that I'm not aware of that type of relationship written firmly into any Swiss laws. In some past court cases it was argued that it is similar to a marriage, but as Switzerland is not common law system, it's not 100% certain that it'd apply to future court cases.
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  #23  
Old 31.08.2016, 11:26
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Re: Deemed marriage/divorce

From ch.ch


Living together as an unmarried couple

Two partners living together without being married do not enjoy the same social and legal rights as a married couple. You can, however, ensure your rights as a couple by signing a cohabitation agreement.


Legal situation without a cohabitation agreement

As cohabitation is not recognised in law, you and your partner are to a large extent treated as individuals and not as a married couple.
Name

Cohabitation has no effect on the surname of either partner. Children from previous relationships keep their original surnames. Any children you have together take the mother’s surname. From 1 January 2013 onwards, joint custody of the children means they can be given their father’s name (the parents must submit a joint application to the civil register office).
Nationality

Cohabiting has no effect on citizenship applications.
Old-age and survivor’s insurance and occupational pensions

The old-age and survivor’s insurance of each partner is calculated separately. A partner who does not work can make minimal payments to retain their right to old-age and survivor’s insurance. For more information on old-age and survivor’s insurance contribution gaps.

If you break up with your partner, you have no right to claim half of the contributions paid into pension funds and old-age insurance.
Buying property

There are different types of property ownership: individual ownership, ownership of part of a multi-floor building and shared ownership. The financial participation of both parties is recorded in the land register. Before you buy a property together, you should draw up a written agreement saying who will move out if you break up.
Taxes

You are taxed individually when you and your partner live together as an unmarried couple. You each complete your own tax return.
Children

When the parents are unmarried, they must make a joint declaration in order to establish joint parental authority. The parents must declare that they:

agree to share responsibility for the child;
have agreed on residence for the child, on personal relations or each parent’s share of childcare duties and on child maintenance contributions.

The declaration can be made at the civil register office at the time of recognition of the child, or at a later date at the Child Protection Authority.
Death of a partner

Inheritance: When your partner dies, you will not automatically inherit anything. There are limits on the provisions your partner can make for you in their will because Swiss inheritance law reserves certain proportions of an individual’s estate for close family members such as children and parents.
Inheritance tax: If your deceased partner leaves you something in their will, you do not have access to the beneficial tax rates offered to close relations in most cantons.
Widow/widower’s pension: Unmarried partners do not receive any widow/widower’s pension from the old-age and survivor’s insurance or accident insurance.
Many pension schemes only offer a limited right to a survivor’s pension to unmarried partners.

Cohabitation agreement

Registered partnership is only open to same-sex couples. Heterosexual couples who do not want to get married and same-sex couples who do not want to enter a registered partnership, but who still want to ensure legal rights for their partner can draw up a cohabitation agreement.
Form of the agreement

The cohabitation agreement is not regulated in law. It is advisable to draw up a written agreement. This does not need to be witnessed by a notary as long as it does not contain any provisions relating to inheritance.
Content of the agreement

The agreement should include the following points:

What belongs to whom (make an inventory).
Property purchases: Are you buying the property together as a joint purchase?
Who gets to stay in the home you shared as a couple if you break up, and what is the notice period?
How are you going to split the costs of running the household?
How high are the monthly maintenance contributions that the higher earner will pay to the other person if you split up?
How will you split your assets and how will you divide up contributions paid into old-age and survivor’s insurance and pensions schemes?
Death: Are you going to take out a life insurance policy that will benefit the surviving partner if the other partner dies?
Children: Decide who will have parental authority and decide on maintenance contributions for the children.
etc.
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  #24  
Old 31.08.2016, 11:27
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Re: Deemed marriage/divorce

I seem to remember there being some tax implications for #1 son and his (then) girlfriend after they'd been together for five years or so.

But we're in Geneva and very occasionally that makes us almost as special as Tom!
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  #25  
Old 31.08.2016, 11:27
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Re: Deemed marriage/divorce

I did see this, but now having read Ivank's link, it appears to be incorrect (at least in some cases): https://www.ch.ch/en/cohabiting/

Anyone know of more cases where the concept of 'concubinage' under Swiss law was developed?
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  #26  
Old 31.08.2016, 11:31
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Re: Deemed marriage/divorce

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Well, if we assume no agreement, no children AND no income, then might there may be some kind of assumption of responsibility?

The no income is the one question. Obviously if you kick her out tomorrow morning and she has no money you would basically have to be the RAV but more out of humanitarian considerations than because of a legal responsibility. If challenged such cases are usually solved by a "Friedensrichter" and not in court. But such help from you would be limited in time. Also her nationality is an important point.


In a divorce case I know an Asian women was sent back to her homeland, ticket paid by former husband, and with no children she got zero support payments. This happened in 2016 and after more than 5 years in Switzerland.


Here is a detailed description in German regarding "Konkubinat". What isn't mentioned does not exist:
http://www.budgetberatung.ch/fileadm...Trauschein.pdf


In your case it would be a "Unterhaltsklage von Mündigen" and use a "Schlichtungsverfahren" first, before going to court if no agreement is reached.


Familienrechtliche Klagen sind grundsätzlich direkt beim zuständigen Bezirksgericht einzuleiten. Ein Schlichtungsverfahren vor Friedensrichter findet nicht statt (Art. 198 lit. a-d ZPO). Ausnahmen zu diesem Grundatz bilden die Unterhaltsklagen von Mündigen und Unmündigen. Diese bedürfen einem vorgängigen Schlichtungsverfahren vor dem Friedensrichter.
http://www.friedensrichter-zh.ch/vat...unterhalt.html


Agressive lawyers always claim all kind of things in the hope to get one party to sign a paper in an "out of court settlement": Never do this.
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  #27  
Old 31.08.2016, 11:44
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Re: Deemed marriage/divorce

Also this interesting (old) news clip :

https://news.google.com/newspapers?n...,6059660&hl=en

Last edited by Phil_MCR; 31.08.2016 at 11:59.
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  #28  
Old 31.08.2016, 11:50
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Re: Deemed marriage/divorce

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Total bs. And what's up with all the figures in $?

People do this (not marrying) now all time to avoid the higher taxes and noone minds. There was even a term coined for this - Heiratsstrafe, and a failed referendum against these higher taxes
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  #29  
Old 31.08.2016, 11:51
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Re: Deemed marriage/divorce

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My answer was that I'm not aware of that type of relationship written firmly into any Swiss laws. In some past court cases it was argued that it is similar to a marriage, but as Switzerland is not common law system, it's not 100% certain that it'd apply to future court cases.
Actually as far as I can tell this is not codified but a habit of the federal court and mostly applicable to decisions on alimony payment (i.e. enabling arguments like: I will not pay alimony because he/she is already being supported by a new partner and therefore does not need the money)
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  #30  
Old 31.08.2016, 11:53
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Re: Deemed marriage/divorce

Also here: https://www.ubs.com/ch/en/swissbank/...nd-family.html
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  #31  
Old 31.08.2016, 11:55
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Re: Deemed marriage/divorce

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Total bs. And what's up with all the figures in $?
The article is from an American newspaper, 35 years ago. It is normal to convert foreign currencies into the local denomination, in pretty much every country's media.
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