Go Back   English Forum Switzerland > Help & tips > Family matters/health
Reply
 
Thread Tools Display Modes
  #1  
Old 06.02.2016, 10:46
Newbie
 
Join Date: Feb 2016
Location: London, England
Posts: 6
Groaned at 0 Times in 0 Posts
Thanked 3 Times in 2 Posts
Fred Astaire has no particular reputation at present
How do I get my marriage annulled?

Hi guys,

I got married in Switzerland in Jan 2013 and left the country in April of the same year. I am still married and want to get the marriage annulled (not divorced).

I can't find any information or guidance about how to do that on the swiss gov website.

I can't just pop down to the etat civil to ask. Can anyone help with advice please?

I'm really desperate to get this sorted out.

Thanks.
Reply With Quote
  #2  
Old 06.02.2016, 10:49
fatmanfilms's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Verbier
Posts: 13,768
Groaned at 209 Times in 181 Posts
Thanked 11,086 Times in 6,286 Posts
fatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond repute
Re: How do I get my marriage annulled?

Quote:
View Post
Hi guys,

I got married in Switzerland in Jan 2013 and left the country in April of the same year. I am still married and want to get the marriage annulled (not divorced).

I can't find any information or guidance about how to do that on the swiss gov website.

I can't just pop down to the etat civil to ask. Can anyone help with advice please?

I'm really desperate to get this sorted out.

Thanks.
On the assumption you had sex with your partner or unless they were already married (unlikely in CH) you don't have any grounds.

Divorce is your only option.
Reply With Quote
The following 4 users would like to thank fatmanfilms for this useful post:
  #3  
Old 06.02.2016, 10:59
Newbie
 
Join Date: Feb 2016
Location: London, England
Posts: 6
Groaned at 0 Times in 0 Posts
Thanked 3 Times in 2 Posts
Fred Astaire has no particular reputation at present
Re: How do I get my marriage annulled?

I qualify for an annulment on grounds of non consummation of marriage and my spouses false statement in his belief in God.

I need advice on what to do. I qualify for annulment. He will gladly agree to same.
Reply With Quote
  #4  
Old 06.02.2016, 11:02
NotAllThere's Avatar
Forum Legend
 
Join Date: Oct 2008
Location: Baselland
Posts: 8,987
Groaned at 140 Times in 122 Posts
Thanked 12,270 Times in 5,015 Posts
NotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond reputeNotAllThere has a reputation beyond repute
Re: How do I get my marriage annulled?

Quote:
View Post
...
I can't just pop down to the etat civil to ask....
Telephone?
Reply With Quote
The following 3 users would like to thank NotAllThere for this useful post:
  #5  
Old 06.02.2016, 11:04
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 5,061
Groaned at 40 Times in 38 Posts
Thanked 7,135 Times in 3,240 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: How do I get my marriage annulled?

Here the law:
https://www.admin.ch/opc/en/classifi...ndex.html#a104

Specially read Art. 107.
Reply With Quote
The following 7 users would like to thank aSwissInTheUS for this useful post:
  #6  
Old 06.02.2016, 11:05
fatmanfilms's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Verbier
Posts: 13,768
Groaned at 209 Times in 181 Posts
Thanked 11,086 Times in 6,286 Posts
fatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond reputefatmanfilms has a reputation beyond repute
Re: How do I get my marriage annulled?

Quote:
View Post
I qualify for an annulment on grounds of non consummation of marriage and my spouses false statement in his belief in God.

I need advice on what to do. I qualify for annulment. He will gladly agree to same.
What has belief in God, got to do with this, you got married in CH so in an office by a government employee. Anything you did in Church.
Reply With Quote
The following 5 users would like to thank fatmanfilms for this useful post:
  #7  
Old 06.02.2016, 11:05
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 5,061
Groaned at 40 Times in 38 Posts
Thanked 7,135 Times in 3,240 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: How do I get my marriage annulled?

Quote:
View Post
Telephone?
Fax? Good old Mail by the postman?
Reply With Quote
This user would like to thank aSwissInTheUS for this useful post:
  #8  
Old 06.02.2016, 11:06
3Wishes's Avatar
Moderately Amused
 
Join Date: Jul 2010
Location: Bern area
Posts: 6,524
Groaned at 43 Times in 39 Posts
Thanked 9,173 Times in 4,358 Posts
3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute
Re: How do I get my marriage annulled?

Here's a link to the Swiss Federal Code. See Chapter 4: Annulment of Marriage.

Quote:
Grounds for annulment are:

1. that one of the spouses1 was already married at the time of the Wedding and the previous marriage had not been dissolved by divorce or by the death of the previous spouse;

2. that one of the spouses lacked capacity of judgement at the time of the wedding and has not regained such capacity since;

3 that the marriage was prohibited due to kinship.

4 one of the spouses has no intention of living with the other, but wishes to circumvent the provisions on the admission and residence of foreign nationals.

5. a spouse has not married of his or her own free will;

6. one of the spouses is a minor, unless the continuation of the marriage is in the overriding interest of this spouse.
See also paragraph f on page 3 of this FAQ document:

Quote:
Annulment entails the same consequences as divorce, Art. 109 para. 2 Swiss Civil Code. Until Annulment, the legal consequences are the same as in a valid marriage, with the exception that the spouses have no statutory right of inheritance (Art. 109 para. 1 Swiss Civil Code).
Disclaimer: I am not a lawyer. The above links come from the top 3 hits on Google when searching for "marriage annulment Switzerland." Actually the top hit on Google is a post on EF, from which I got the link to the Swiss Code.

Last edited by 3Wishes; 06.02.2016 at 11:06. Reason: fixed the quote
Reply With Quote
The following 6 users would like to thank 3Wishes for this useful post:
  #9  
Old 06.02.2016, 11:07
jacek's Avatar
Forum Legend
 
Join Date: Oct 2007
Location: Aargau
Posts: 7,446
Groaned at 96 Times in 76 Posts
Thanked 4,827 Times in 2,766 Posts
jacek has a reputation beyond reputejacek has a reputation beyond reputejacek has a reputation beyond reputejacek has a reputation beyond reputejacek has a reputation beyond reputejacek has a reputation beyond repute
Re: How do I get my marriage annulled?

I am afraid that "John registry eraser" is your only option. He will make sure that your marriage files are removed from Helvetian registry. Either send PM to John or wait until he sees this thread first. He shouldn't be long. He is busy these days helping other likeminded individuals with marriage certificates problems. He is by no means cheap but he is very good at what he does. You and your partner will be more than satisfied with his services

Good luck!
Reply With Quote
  #10  
Old 06.02.2016, 11:18
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 5,061
Groaned at 40 Times in 38 Posts
Thanked 7,135 Times in 3,240 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: How do I get my marriage annulled?

@3Wishes you missed Art. 107 Specially Section 3 of it.

Quote:
C. Annulment subject to a time limit

I. Grounds

A spouse may seek a declaration of annulment if he or she:

1.
temporarily lacked capacity of judgement at the time of the wedding;
2.
married in error, whether because he or she did not wish to marry at all or did not wish to marry the other person;
3.
contracted the marriage because he or she was intentionally deceived with regard to essential personal attributes of the other spouse;
But one has to look at Art. 108 as well
Quote:
I. Action for annulment

1 An action for annulment must be brought within six months of learning of the grounds for annulment or of the date on which the threat ceased, but in any event within five years of the wedding.
How to do it:
Write an application to the Bezirksgericht/Tribunal d'arrondissement where your other half lives, say what you want (Annulment based on Art. 107 Abs. 3 Civil Code), and specially why (false statement in his belief in God.) and include evidence. Done.

Last edited by aSwissInTheUS; 06.02.2016 at 11:29.
Reply With Quote
The following 4 users would like to thank aSwissInTheUS for this useful post:
  #11  
Old 06.02.2016, 11:18
Rangatiranui's Avatar
Forum Veteran
 
Join Date: Nov 2007
Location: Baden region
Posts: 2,040
Groaned at 9 Times in 8 Posts
Thanked 2,193 Times in 987 Posts
Rangatiranui has a reputation beyond reputeRangatiranui has a reputation beyond reputeRangatiranui has a reputation beyond reputeRangatiranui has a reputation beyond reputeRangatiranui has a reputation beyond reputeRangatiranui has a reputation beyond repute
Re: How do I get my marriage annulled?

You could also telephone the office you mentioned in the village that you were married in or lived. You dont have to visit them. My french isnt so good. (depending on who you ask )

You can also call the courts in that area.

Here is a law in German about annulment -
http://www.kisos.ch/gesetze/ZGB-artikel-105.php


At some stage you will have to come over a visit, to go to the court to get the thing sorted.

Return flights are under £100 - how much is it worth to you?
http://www.easyjet.com/EN/Booking.mvc


EDIT: you guys type very fast (!!) -my comment about easyjet stands though
__________________
11. Knowing deep down that you gave your dreams a fair chance. – Most of the time the only difference between a dream that came true and one that didn’t, is a person who wouldn’t give up and one who did.
Reply With Quote
  #12  
Old 06.02.2016, 11:22
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 5,061
Groaned at 40 Times in 38 Posts
Thanked 7,135 Times in 3,240 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: How do I get my marriage annulled?

Quote:
View Post
I qualify for an annulment on grounds of non consummation of marriage.
I do not know what you mean by that. But if you mean sexual intercourse than you are quite wrong.
Reply With Quote
The following 3 users would like to thank aSwissInTheUS for this useful post:
  #13  
Old 06.02.2016, 11:29
Forum Legend
 
Join Date: Mar 2009
Location: Zurich
Posts: 9,190
Groaned at 529 Times in 401 Posts
Thanked 11,945 Times in 4,676 Posts
Richdog has a reputation beyond reputeRichdog has a reputation beyond reputeRichdog has a reputation beyond reputeRichdog has a reputation beyond reputeRichdog has a reputation beyond reputeRichdog has a reputation beyond repute
Re: How do I get my marriage annulled?

Quote:
View Post
I qualify for an annulment on grounds of non consummation of marriage and my spouses false statement in his belief in God.

I need advice on what to do. I qualify for annulment. He will gladly agree to same.
How long were you together before you got married?
Reply With Quote
The following 2 users would like to thank Richdog for this useful post:
  #14  
Old 06.02.2016, 11:35
Newbie
 
Join Date: Feb 2016
Location: London, England
Posts: 6
Groaned at 0 Times in 0 Posts
Thanked 3 Times in 2 Posts
Fred Astaire has no particular reputation at present
Thats really very helpful. Thank you very much.

4 months. Very very silly thing to have done.

Quote:
View Post
Here's a link to the Swiss Federal Code. See Chapter 4: Annulment of Marriage.



See also paragraph f on page 3 of this FAQ document:



Disclaimer: I am not a lawyer. The above links come from the top 3 hits on Google when searching for "marriage annulment Switzerland." Actually the top hit on Google is a post on EF, from which I got the link to the Swiss Code.
Thanks 3 wishes and Swiss in America. Art 107 section 3 is the one that I had found re deception also but I just had no idea how to go about it. Appreciate your advice.

Last edited by 3Wishes; 06.02.2016 at 12:16. Reason: merging consecutive replies
Reply With Quote
  #15  
Old 06.02.2016, 11:58
swisspea's Avatar
Forum Legend
 
Join Date: May 2008
Location: From one side of lake Zurich to the other...
Posts: 5,506
Groaned at 33 Times in 22 Posts
Thanked 5,034 Times in 2,432 Posts
swisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond repute
Re: How do I get my marriage annulled?

If you go for the 'deception' argument then the spouse could get into a lot of trouble - is that what you want ?

Why do you want annulment rather than divorce ? I wonder if it's possible to get a straightforward divorce (assuming your spouse is in agreement) and then a religious 'annulment' if it's an issue of religion. I think anyway if the marriage was not completed according to religious law, then it can easily be annuled by an agreeable priest, in accordance to that religious law, leaving you free to marry again. But from a civil point of view you still need to sort out the divorce process.

If your spouse is in agreement, just get a divorce. Should be very straightforward. Then get a religious authority to grant an annulment. The religious annulment won't mean anything in a civil way, and vice versa, but it's probably the most straightforward to get it sorted out - I assume if you got married in Switzerland it was done at a registry office as per Swiss law ?
Reply With Quote
The following 6 users would like to thank swisspea for this useful post:
  #16  
Old 06.02.2016, 12:17
slammer's Avatar
Forum Legend
 
Join Date: Jul 2009
Location: Lummerland
Posts: 3,662
Groaned at 79 Times in 58 Posts
Thanked 5,789 Times in 2,131 Posts
slammer has a reputation beyond reputeslammer has a reputation beyond reputeslammer has a reputation beyond reputeslammer has a reputation beyond reputeslammer has a reputation beyond reputeslammer has a reputation beyond repute
Re: How do I get my marriage annulled?

Is it just me or does anybody else feel like slapping the OP around for wanting annulment for "religious" reasons, I'm with Fatmanfilms on this, "What has belief in God, got to do with this?"
Reply With Quote
The following 4 users would like to thank slammer for this useful post:
  #17  
Old 06.02.2016, 12:22
jesuisuntouriste's Avatar
Member
 
Join Date: Jul 2013
Location: Genève
Posts: 240
Groaned at 7 Times in 6 Posts
Thanked 207 Times in 91 Posts
jesuisuntouriste has earned some respectjesuisuntouriste has earned some respect
Re: How do I get my marriage annulled?

I am guessing the OP doesn't want to be labeled as a divorced person? In the civil registry records anyway.

So you got married believing that he believed in God but you later found out that he only said it just to get married to you?
Reply With Quote
This user would like to thank jesuisuntouriste for this useful post:
  #18  
Old 06.02.2016, 12:25
Forum Legend
 
Join Date: Sep 2010
Location: Neuchatel
Posts: 19,372
Groaned at 368 Times in 275 Posts
Thanked 22,381 Times in 10,070 Posts
Odile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond repute
Re: How do I get my marriage annulled?

Quote:
View Post
What has belief in God, got to do with this, you got married in CH so in an office by a government employee. Anything you did in Church.
Not sure you finished your sentence here. Unlike in the UK, you can't get married in Church in Switzerland until after you go through the civil ceremony at the Town Hall. A Church only wedding has no legal recognition in Switzerland.
Reply With Quote
This user would like to thank Odile for this useful post:
  #19  
Old 06.02.2016, 12:33
Forum Legend
 
Join Date: Mar 2009
Location: Zurich
Posts: 9,190
Groaned at 529 Times in 401 Posts
Thanked 11,945 Times in 4,676 Posts
Richdog has a reputation beyond reputeRichdog has a reputation beyond reputeRichdog has a reputation beyond reputeRichdog has a reputation beyond reputeRichdog has a reputation beyond reputeRichdog has a reputation beyond repute
Re: How do I get my marriage annulled?

Quote:
View Post
Is it just me or does anybody else feel like slapping the OP around for wanting annulment for "religious" reasons, I'm with Fatmanfilms on this, "What has belief in God, got to do with this?"
Because if someone is very religious then obviously faith is incredibly important to them, and if they originally stated this and the partner lied about it to facilitate a relationship then to many religious people that is a very serious thing.

PS: I'm not remotely religious, but I understand why it would be a big deal for someone who is.
Reply With Quote
  #20  
Old 06.02.2016, 12:33
Newbie
 
Join Date: Feb 2016
Location: London, England
Posts: 6
Groaned at 0 Times in 0 Posts
Thanked 3 Times in 2 Posts
Fred Astaire has no particular reputation at present
Re: How do I get my marriage annulled?

Quote:
View Post
If you go for the 'deception' argument then the spouse could get into a lot of trouble - is that what you want ?

Why do you want annulment rather than divorce ? I wonder if it's possible to get a straightforward divorce (assuming your spouse is in agreement) and then a religious 'annulment' if it's an issue of religion. I think anyway if the marriage was not completed according to religious law, then it can easily be annuled by an agreeable priest, in accordance to that religious law, leaving you free to marry again. But from a civil point of view you still need to sort out the divorce process.

If your spouse is in agreement, just get a divorce. Should be very straightforward. Then get a religious authority to grant an annulment. The religious annulment won't mean anything in a civil way, and vice versa, but it's probably the most straightforward to get it sorted out - I assume if you got married in Switzerland it was done at a registry office as per Swiss law ?
Thanks sweet pea you're exactly right. I think divorce for the civil and a religious annulment makes sense. Very thoughtful response from you. Thanks.

I'm shocked at how many times there are on here though. It's quite scary...
Reply With Quote
Reply

Tags
annulment, divorce, english, expat, marriage break-up




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
How do I get my UK driving license back? lmbrocklehurst Transportation/driving 1 10.11.2013 21:50
I'm 33 my grandparents are Swiss how do I get a permit? toscamelia Permits/visas/government 19 12.01.2013 20:51
How do I get my US phone to work JG2008 TV/internet/telephone 10 19.10.2008 19:11
1 June 2007- how do I get my EU B permit? Stuart Permits/visas/government 3 10.02.2007 21:05


All times are GMT +2. The time now is 20:18.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2016, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0