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Old 19.04.2012, 15:40
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Legal separation in Switzerland?

hello,
can someone help in giving me some advice. My husband has decided that he wants to proceed to the next level of separation and go for the separation legale (as it is called in Switzerland).
I'm very confused on how all this works and was hoping someone here can give me some advice.
Does anyone know how alimony (pension alimentaire) is calculated (married over 10 years and no children)? how long it lasts?
how about money saved for pension (at 65 years)?
do we EACH have to go to a lawyer even if we have to decided to amicably split and decide on what the conditions will be? One lawyer said we absolutely have to have separate lawyers but I get the impression that they want us to each list our desires and then have my lawyer and his laywer go back and forth with it until we reach an agreement and they have sucked us dry (financially).
What will happen to my permit (C) once we have separated? Will I be forced to return it and leave for my own country (I am currently unemployed - a housewife)?
Any information you may provide is beneficial and I thank you in advance for your help.
Alsie
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Old 19.04.2012, 15:45
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Re: Legal separation in Switzerland?

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hello,
can someone help in giving me some advice. My husband has decided that he wants to proceed to the next level of separation and go for the separation legale (as it is called in Switzerland).
I'm very confused on how all this works and was hoping someone here can give me some advice.
Does anyone know how alimony (pension alimentaire) is calculated (married over 10 years and no children)? how long it lasts?
how about money saved for pension (at 65 years)?
do we EACH have to go to a lawyer even if we have to decided to amicably split and decide on what the conditions will be? One lawyer said we absolutely have to have separate lawyers but I get the impression that they want us to each list our desires and then have my lawyer and his laywer go back and forth with it until we reach an agreement and they have sucked us dry (financially).
What will happen to my permit (C) once we have separated? Will I be forced to return it and leave for my own country (I am currently unemployed - a housewife)?
Any information you may provide is beneficial and I thank you in advance for your help.
Alsie
I don't mean to be rude but should you not contact a lawyer rather than come on a forum where one person will tell you one thing and another person will tell you something different?
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Old 19.04.2012, 15:52
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Re: Legal separation in Switzerland?

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I don't mean to be rude but should you not contact a lawyer rather than come on a forum where one person will tell you one thing and another person will tell you something different?
Yes, but like I said these lawyers are trying to get us to argue so they can go back and forth and take our money each time. I'm trying to get an opinion on how to proceed for those who have already experienced it themselves before I go broke on lawyer fees!
I'm looking for advice...but thanks for your critical remark anyway.
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Old 19.04.2012, 16:00
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Re: Legal separation in Switzerland?

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Yes, but like I said these lawyers are trying to get us to argue so they can go back and forth and take our money each time. I'm trying to get an opinion on how to proceed for those who have already experienced it themselves before I go broke on lawyer fees!
I'm looking for advice...but thanks for your critical remark anyway.
I was not being critical, I was being honest.
Lawyers do what they do and they are expensive, that's lawyers for you.
All I am saying is you will get different opinions/experiences on here.
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Old 19.04.2012, 16:08
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Re: Legal separation in Switzerland?

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I was not being critical, I was being honest.
Lawyers do what they do and they are expensive, that's lawyers for you.
All I am saying is you will get different opinions/experiences on here.
And I am grateful for the opinions/experience comments that may come here in this forum. That is exactly what I am looking for. One learns by another's experiences as well (and not just by what the pros we pay dearly for have to say...in this case, lawyers)
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Old 19.04.2012, 16:12
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Re: Legal separation in Switzerland?

If you can agree how you want to split things up thats very easy & will save money on lawyers.
You will be expected to work & not be supported by your husband except for a short time.
You will get half his pension.
As you have a C permit you can live here as long as you want.
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Old 19.04.2012, 16:14
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Re: Legal separation in Switzerland?

Well, if you have no kids, then you get no alimony.

You split 50-50 everything acquired during the marriage, unless you have a separate properties marriage. This also applies to pensions.

Nothing will happen to a C permit.

Tom
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Old 19.04.2012, 16:15
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Re: Legal separation in Switzerland?

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You will get half his pension.
No, just half of the pension accumulated during the marriage.

Tom
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Old 19.04.2012, 18:20
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Re: Legal separation in Switzerland?

This is a great place to read up on what's what: http://binational.ch/?Trennung_und_Scheidung
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Old 15.05.2012, 18:32
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Re: Legal separation in Switzerland?

Hello,
I have just called a lawyer's office to find out general info on separation, before deciding to take it further. Was shocked to discover hourly rate is 350fr. Has anyone used the local Aide Juridique / 40 frs for 15 mins ? Is it any use as I have read so many conflicting reports about lawyers on this site. Any advise for Vevey area as I really can't afford 350 frs each time. Many thanks, Daniella
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Old 15.05.2012, 18:44
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Re: Legal separation in Switzerland?

Another option while you two try to tie up loose ends would be a mediator...their job is to help you compromise and to find common ground for decision-making that is fair and respectful to both of you.
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Old 15.05.2012, 19:00
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Re: Legal separation in Switzerland?

Sorry to here of your seperation/divorce as I know it takes some people by suprise as it did me.
Not sure if it will apply but you could try the free Praktikanten Lawyers, they are new first timers I guess you could say, they give advice free but do not handle any cases.
Next since you are not employed you can ask for a free Lawyer from the Kanton, Land? Here in Liechtenstein they did my divorce for me and it cost me nothing.
Hope this helps
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Old 15.05.2012, 20:14
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Re: Legal separation in Switzerland?

can't you just agree what is fair and do that? if you can't do that, then you'll need the lawyer anyway...
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Old 05.06.2012, 02:35
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Re: Legal separation in Switzerland?

Well, if you have no kids, then you get no alimony. ===> False, you could. Depends on your personal situation, the judge will probably evaluate if you could go back to work or not, and also how was the situation during your marriage. Difficult to say without more info.


You can send me a PM.
I will be happy to help you as much as I can, since I'm doing swiss Law and I'm quite interested in family law.
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Old 14.09.2015, 05:43
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Re: Legal separation in Switzerland?

We are both in same situation dear the difference is just i got 1 kid and yes still got no idea if i am gonna take lawyer too because i heared it cost a lot and yes for rights and everything as wife i am trying to know and we had our pre nup too please guys spare are some tips thou harsh for my daughter but i can't work it out alone it's 2 way process thanks and Godspeed
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