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  #41  
Old 03.09.2015, 16:09
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Re: Divorce or legal annulment?

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Wait? what? Legally why?
It's a long story, suffice to say the the pictures were destroyed and Tom got to keep the goat
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  #42  
Old 03.09.2015, 16:22
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Re: Divorce or legal annulment?

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Wait? what? Legally why?
She must have been either a tax collector or a dentist then? Both have been known to take your teeth too.
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  #43  
Old 03.09.2015, 16:26
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Re: Divorce or legal annulment?

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It's a long story, suffice to say the the pictures were destroyed and Tom got to keep the goat
Wasn't me, just the ex-wife of someone I know who shacked up with someone after the divorce.

Seems weird to me as well, but I know it for fact.

Tom
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  #44  
Old 03.09.2015, 17:44
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Re: Divorce or legal annulment?

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Sometimes lawyers read EF
Even if so, this doesn't mean one is entitled to free legal advice.

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It is a clear and objective question about something that is in the Swiss Civil Code. It is always disappointing to see how quickly some online discussions jump from the stated facts to juvenile name calling.

Despite the tone of that comment, I'm not tempted to really say anything more about the circumstances except that if you did know the full details you probably wouldn't be so biased in your conclusions. There is always more than one side to the story.
Instead of complaining here about the advice received, get yourself to a lawyer and pay the corresponding fees. Then you might get the answers you want to hear.

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If you have a question pertaining to the law - ask a lawyer. People on EF (myself included) are not here to provide you with free yet sound legal advice. Although, much of what has been said is pretty much what a lawyer specialised in Swiss divorce law will tell you.. I mean your friend.

Hourly rates range from 200.- to 500.- I would suggest to your friend that would be money well spend. My guess is that there is an aversion to divorce in case any alimony etc has to be paid (which FYI doesn't need to be if there were no children and the marriage is not deemed "life changing". As it only lasted 5 years, you can ruled that out. But then again, the law is not black and white, if she gets a good attorney they may make a case that it was on account of the fact she gave up her life and moved to Switzerland to be with him..)

And yes - lawyers and attorneys do read EF. We also share the links with our colleagues for amusement...
ditto.
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  #45  
Old 03.09.2015, 17:57
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Re: Divorce or legal annulment?

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The Catholic church has been granting annulments to people even if they were married for longer and had kiddies along the way.

The criteria for the annulment (either legal or church) doesn't appear to be based on the amount of time that passed, at least, it is not written that way in the Swiss Civil Code.

The question is about what the spouses intended on the day they wed: hypothetically, if the foreign spouse wrote a letter to a bridesmaid a week before the wedding stating "I don't really like this guy but I'm going to marry him for a visa" then any time in the future, any number of children later, if the guy got his hands on that letter, couldn't he request annulment rather than divorce?

If such a letter does not exist though, what other evidence would potentially help a spouse obtain an annulment?

Two of the other things that come up in church annulments are mental health (such as a spouse who was abused as a child and can't fully commit to making kiddies) and ongoing contraception or abortion. Does such evidence have any role in a civil/legal annulment under Swiss law?

Once upon a time.....................Who cares about the sodding Catholic church, most of them are shirt lifters anyway and it has no legal bearing on anything whatsoever.
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  #46  
Old 08.09.2015, 17:24
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Re: Divorce or legal annulment?

It seems the Pope is now relaxing the rules covering annulments, avoiding the 'stigma' of divorce for practicing catholics and allowing them to contract new marriages within the church.

http://www.bbc.com/news/world-europe-34185559

If avoiding a 'divorce' is your friend's main concern, rather than the possibility of having to support the wife he's been happily living with for several years I suggest he simply contacts the Vatican.

Last edited by Anjela; 08.09.2015 at 18:51.
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  #47  
Old 08.09.2015, 19:56
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Re: Divorce or legal annulment?

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Funny free advice
best post I've seen for a long time. And I do intend to get an opinion for free from a lawyer on my impending divorce - but I know who and how to ask. Cambio merce and all that......

I'm a bit sad that I can't get an annulment because I could not understand Italian when I said "Si" all those years ago.
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  #48  
Old 09.09.2015, 00:41
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Re: Divorce or legal annulment?

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Or maybe he found her email address in the Ashley Maddison database?
I am quite positive that in case your, ahem, friend was married to one of their female textbots for five years without realising it he could benefit from any of the following reasons for annulment:

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To my knowledge these are the reasons for annulment:
....
Mental Illness - either spouse was mentally ill or emotionally disturbed at the time of the marriage
Mental Incapacity - either spouse was under the influence of alcohol or drugs at the time of the marriage and was unable to make informed consent
Inability to Consummate Marriage - either spouse was physically incapable of having sexual relations or impotent during the marriage
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  #49  
Old 09.09.2015, 08:30
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Re: Divorce or legal annulment?

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It seems the Pope is now relaxing the rules covering annulments, avoiding the 'stigma' of divorce for practicing catholics and allowing them to contract new marriages within the church.

http://www.bbc.com/news/world-europe-34185559

If avoiding a 'divorce' is your friend's main concern, rather than the possibility of having to support the wife he's been happily living with for several years I suggest he simply contacts the Vatican.
Of course how you prove the "marriage was flawed from the beginning" is a totally different question.
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  #50  
Old 09.09.2015, 09:55
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Re: Divorce or legal annulment?

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Of course how you prove the "marriage was flawed from the beginning" is a totally different question.
Dear Pope,

I'm gay.

TIA
OP
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  #51  
Old 09.09.2015, 12:33
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Re: Divorce or legal annulment?

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Disposing of a wife is, unsurprisingly, a little more difficult than paper or cardboard.
I'm sure plumtree disagrees.
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  #52  
Old 09.09.2015, 21:28
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Re: Divorce or legal annulment?

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Of course how you prove the "marriage was flawed from the beginning" is a totally different question.
Whether it is a church annulment or a legal annulment though, it is the same principle, proving there was some flaw at the beginning rather than a flaw that came later.

Both appear to consider that people marrying due to any sort of pressure, whether it is blackmail, immigration rules or whatever can apply for annulment. Whether they get the annulment is another thing.

On the Catholic front, the Pope's changes just mean that people will get their answer more quickly, it doesn't mean the answer will be any different though and it obviously has no application in the legal context.
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  #53  
Old 09.09.2015, 21:31
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Re: Divorce or legal annulment?

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I'm sure plumtree disagrees.
Guess it depends whether you need to pay Bilag first or not
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  #54  
Old 09.09.2015, 21:44
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Re: Divorce or legal annulment?

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... It is always disappointing to see how quickly some online discussions jump from the stated facts to juvenile name calling...
With 13 posts you come to this conclusion? Ergo - dup. account/troll. But even without out that it's abundantly clear. All the signs are there.
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  #55  
Old 09.09.2015, 22:57
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Re: Divorce or legal annulment?

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Whether it is a church annulment or a legal annulment though, it is the same principle, proving there was some flaw at the beginning rather than a flaw that came later.
And both are equally bullshit after sever years of marriage.

If someone screws up their life, they should accept it, NOT try to put the blame on others.

Tom
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  #56  
Old 10.09.2015, 10:34
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Re: Divorce or legal annulment?

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If someone screws up their life, they should accept it, NOT try to put the blame on others.

Tom
why do you say divorce is screwing up their life? Charles and Diana divorced, Charles is now happily married to Camilla and only Diana's life was screwed up in a car "accident". Donald Trump divorced and remarried (wife #3 now) and most people either feel he is a great success or screwed up from the moment he was born, the marriages, divorces and wives were incidental


the original question is very polarized and dramatically extrapolated by the post surmising it is a 50 year old white man and 22 year old filipino wife - there are so many foreigners now in Switzerland, 1 million at last count and many marriages involving a spouse from outside the EU


I know several people who fit into this broad category and are happily married with kids but I also know of one couple where things really went wrong: a French friend married a woman from the US, she got a job here very quickly, after 3 years she was making regular business trips and spending less time at home and after 5 years she got the C permit and almost immediately took her salary into a separate bank account and started the process of moving out from the husband - there must be men who have done much the same thing too. Would they have split up earlier if it wasn't for the immigration rules, wouldn't the husband have been able to start looking for a more genuine spouse 2 years earlier? If somebody has chosen to marry under the law and they have been strung along like this because of the laws, why can't they look at every option the law offers when separating?
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  #57  
Old 10.09.2015, 10:38
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Re: Divorce or legal annulment?

and there's a post which takes context, rips it up and just goes for it.

As jrspet would have said, welcome to the forum
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  #58  
Old 10.09.2015, 11:07
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Re: Divorce or legal annulment?

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Switzerland laws also talk about annulment of a marriage on certain grounds.
Let me know how your friend gets on pursuing the "annulment" route. Over the last, not far off 20 years, of marriage, it has from time to time occurred to me that my wife's motives for marriage may not have been entirely pure and that she may have been interested only in my beautiful body and devilishly handsome looks, my fabulous wealth or my sharp intellect.
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Old 10.09.2015, 11:20
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Re: Divorce or legal annulment?

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Let me know how your friend gets on pursuing the "annulment" route. Over the last, not far off 20 years, of marriage, it has from time to time occurred to me that my wife's motives for marriage may not have been entirely pure and that she may have been interested only in my beautiful body and devilishly handsome looks, my fabulous wealth or my sharp intellect.
The flip side is that she may seek annulment based on you being a compulsive liar.
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Old 10.09.2015, 14:18
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Re: Divorce or legal annulment?

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I never said I don't believe them, I was simply asking for evidence such as links. Otherwise, it is hard to distinguish opinions from legal facts.
Dude - you're asking a forum of random strangers on technical legal advice for divorce. When answered to you are challenging the answers.

Either you have more legal expertise than everyone here or you are just waiting to hear what you want to hear.

Whichever it is, it does not seem productive...

My advice: get a lawyer
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