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  #21  
Old 06.01.2015, 22:28
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Re: Sharing apartment am I Married?

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Assuming I understood this article correctly
If you are a man living with a woman and have children together, should the woman die then you have no rights to the children; also no obligations.
that sounds crazy to me. How can a father have no right to his children?
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  #22  
Old 07.01.2015, 12:39
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Re: Sharing apartment am I Married?

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According to the below excerpt and link, if you are co-habiting for five years or longer, marital laws could apply to your relationship and you would need to prove otherwise. Also, if the relationship lasts less than five years and children are a product of it, you could also be considered co-habiting with marital laws applying:

"Bei einem Konkubinat, das im Zeitpunkt der Einleitung des konkreten Gerichtsverfahrens (Eheschutz, Ehescheidung, Verfahren auf Abänderung des Eheschutz- oder Scheidungsurteils) bereits fünf Jahre gedauert hat, ist im Sinne einer Tatsachenvermutung grundsätzlich davon auszugehen, es handle sich um eine Schicksalsgemeinschaft ähnlich einer Ehe. In diesem Fall hat diejenige Person, welche einen Unterhaltsanspruch geltend macht, konkret nachzuweisen, dass kein qualifiziertes Konkubinat vorliegt (Beweislastumkehr).
Ausschlaggebend sind die Umstände im konkreten Einzelfall. Auch eine kürzere Dauer eines Konkubinats als 5 Jahre kann ein qualifiziertes Konkubinat darstellen, insbesondere i.d.R. dann, wenn die Konkubinatspartner gemeinsame Kinder haben."

http://www.law-news.ch/2013/05/ab-wa...ein-konkubinat
No, no, no.

The article states that if you are married but have since separated from you spouse and moved in with you new (unmarried) partner, co-habiting will be taken in consideration whether your spouse owes you any alimony should you divorce. The reasoning being if you are co-habiting with a new partner, you are being supported by him/her and accordingly there is no need for your spouse to be required to pay alimony.

It has no effect on your (legal) relationship to your co-habiting partner.
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  #23  
Old 07.01.2015, 12:44
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Re: Sharing apartment am I Married?

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that sounds crazy to me. How can a father have no right to his children?
... because he is not yet recognized as the legal father. Only if the children are borne during the marriage is there a legal assumption that the husband is the father of the children. This was apparently not the case here.
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  #24  
Old 07.01.2015, 13:29
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Re: Sharing apartment am I Married?

Here, from the official government website www.ch.ch

https://www.ch.ch/en/cohabiting/


https://www.ch.ch/en/parental-author...rried-parents/


Here's a law company's whole website, about living together, unmarried, and the effects in case of death, separation, etc. All in German.
http://www.konkubinat.ch/

Last edited by doropfiz; 07.01.2015 at 13:51. Reason: adding a link
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  #25  
Old 07.01.2015, 13:47
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Re: Sharing apartment am I Married?

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Assuming I understood this article correctly
If you are a man living with a woman and have children together, should the woman die then you have no rights to the children; also no obligations.
If the children are born in Switzerland this is not true. Before the birth of my daughter we (my swiss girlfriend at the time) were forced to sort out all the legal stuff relating to the child. This included any maintenance to be paid and rights of parenthood etc. This was not optional. We were living together and planning to get married but this didn't change anything.
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  #26  
Old 07.01.2015, 22:51
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Re: Sharing apartment am I Married?

Hello Profetas

Just living together does not mean you are considered married.
However, because you do have a romantic/sexual/partnership type relationship, you are also not treated the same as two non-involved individuals sharing accommodation.
Your relationship is, in its bureaucratic significance, less than marriage, but more than just flat-mates.

If it were me, I would ask these questions of the local authorities, particularly
- the Tax Office,
- the Social Security Office, and
- if there are children, also the KESB (Kinder und Erwachsene Schutzbehörde = literally translated: Child and Adult Protection Authority).

This is because, like just about everything else in Switzerland, although federal laws govern the general principle (what counts as a marriage, what does not, and yours is not a marriage) the regulations (who can register what about which aspects their partnership and contracts) can differ from canton to canton, and the application thereof (who might have to pay what to whom) sometimes even from municipality to municipality.

Unmarried partners can be regarded as having responsibilites to each other.

Here, for example, from Basel Stadt
http://www.grosserrat.bs.ch/dokument...0000377324.pdf
an explanation that, once an unmarried couple has lived together for five years (and less if there are children), it is considered a stable interdependence, such that in some circumstances the state would not be liable to pay social security because it could be seen as reasonable that one partner (working) would support the other (poor). This document also explains about the tax deductions.

Here, for example, from the City of Zurich:
https://www.google.ch/url?sa=t&rct=j...83134100,d.eXY
a checklist-type explanation of the main points of living together as an unmarried couple. See particularly the effects on pensions.
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  #27  
Old 08.01.2015, 15:04
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Re: Sharing apartment am I Married?

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Here, from the official government website www.ch.ch

https://www.ch.ch/en/cohabiting/


https://www.ch.ch/en/parental-author...rried-parents/


Here's a law company's whole website, about living together, unmarried, and the effects in case of death, separation, etc. All in German.
http://www.konkubinat.ch/
Thanks, I think I will have to read all these rules.
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  #28  
Old 08.01.2015, 17:03
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Re: Sharing apartment am I Married?

Yes, you will.
One of the truly great things about Switzerland is that, for most matters, the information really is out there, available. And once you have a good General knowledge of the matter, you can then go to your local offices and they are very, very unlikely to give you incorrect information, but will inform you correctly.

Even so, it is a good idea to double-check any info you get by asking again, later. And get it all in writing.
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