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Old 21.09.2016, 19:49
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Question about divorce in Switzerland.

Hi everybody,

Please excuse my ignorance.

Does the law in Switzerland force couples who are married in Switzerland to divide up all the properties such as revenues, real estate, saving money...ect when the marriage ends ?

Thank you for your answers.
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Old 21.09.2016, 19:52
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Re: Question about divorce in Switzerland.

As usual- just depends. But in CH assets owned before marriage are not normally shared upon divorce.
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Old 21.09.2016, 19:52
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Re: Question about divorce in Switzerland.

Usually that which was accrued during marriage. Including pension.
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Old 21.09.2016, 19:55
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Re: Question about divorce in Switzerland.

So basically everything which was earned ( revenue, saving money...) during marriage is automatically shared in case the marriage ends ?
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Old 21.09.2016, 20:17
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Re: Question about divorce in Switzerland.

Yes, basically, yes....

And the split is not necessarily 50/50. If there are children involved, if one partner's capacity to earn is much lower than the other...then the lower 'earning capacity' partner, or the one who is likely to need to work less in order to care for small children, may be entitled to ask for more than 50% of the combined assets.... and don't forget pension funds....

The revenue/assets/savings will be counted from the point of separation, with some consideration of what happens between the separation and the actual divorce....

Don't go spending it all beforehand!

Last edited by swisspea; 22.09.2016 at 16:20.
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Old 21.09.2016, 20:37
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Re: Question about divorce in Switzerland.

What do you mean by "Don't go spending it all beforehand!"
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Old 21.09.2016, 20:40
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Re: Question about divorce in Switzerland.

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What do you mean by "Don't go spending it all beforehand!"
You will obviously not be able to walk away scot-free if your partner knows that you went blowing the money which should have been split equally among both of you

Husband leaving suddenly
Divorce and pensions - is it fair
canceling mutually agreed divorce - cannot pay divorce settlement
domestic abuse and divorce
swiss husband's family insisting on an ehevertrag!
etc.
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Old 21.09.2016, 20:40
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Re: Question about divorce in Switzerland.

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What do you mean by "Don't go spending it all beforehand!"
It isn't unusual for bank accounts to be emptied on things like vacations between separation and the divorce.
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Old 22.09.2016, 10:42
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Re: Question about divorce in Switzerland.

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It isn't unusual for bank accounts to be emptied on things like vacations between separation and the divorce.
.......and during the marriage
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Old 22.09.2016, 10:46
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Re: Question about divorce in Switzerland.

Unless one has a separation of assets regime, then no split.

Tom
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Old 22.09.2016, 13:49
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Re: Question about divorce in Switzerland.

So people, are you talking about shared bank accounts or individual ones ? Because I am talking about individual bank accounts, they have to be shared also when marriage ends ?

Thank you
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Old 22.09.2016, 13:56
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Re: Question about divorce in Switzerland.

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So people, are you talking about shared bank accounts or individual ones ? Because I am talking about individual bank accounts, they have to be shared also when marriage ends ?

Thank you
In the absence of a pre-nup, or an asset (like a house) which one party brought to the relationship, the net assets, including all bank balances savings plans, pension plans etc, less the liabilities (mortages etc) will be split 50/50.
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Old 22.09.2016, 14:03
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Re: Question about divorce in Switzerland.

What was yours before will be yours after.
If you had X on your bank account you should get X.
If you had X shares in your depot you should get X.

Anything you have inherited will be yours.

Anything bought with your is yours.

Anything gained with yours is yours. (Dividend from shares, interest on capital.)
Reason why you should keep your own personal bank account clean from shared assets. During marriage it is advisable to have at least a his, a hers, and a joint account. Makes many things easier during and after marriage. May the after be due to divorce or due till-death-us parts.

Anything you had before and had to be replaced is yours.
Reason why I strongly suggest anyone to get married to buy a car before marriage. Any car, can be a crappy wreck. During marriage you can upgrade it to ever you want and come out even during divorce.
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Old 22.09.2016, 16:00
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Re: Question about divorce in Switzerland.

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So people, are you talking about shared bank accounts or individual ones ? Because I am talking about individual bank accounts, they have to be shared also when marriage ends ?

Thank you
Depends on the source of the money, and yor marriage regime.

Tom
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Old 23.09.2016, 12:18
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Re: Question about divorce in Switzerland.

I didnt want to start a new thread on divorce as I see there are plenty but hoping someone could answer a question I have.


I undeerstand that if the two parties during separation agree on the terms of the divorce that it can all be over and done with quite quickly.


What happens in the case that they cant agree though? They have to go to court and thrash everything out?


If one party files for a divorce at the end of the separation period how long will it normally take for the divorce to be final?


I heard some stories of up to a year
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Old 03.11.2016, 00:56
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Re: Question about divorce in Switzerland.

When there are children involved, is it the case that the house may not be sold until the children are of an age where they can leave?

In that case, would the person not living with the children be entitled to any interim payments?
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Old 03.11.2016, 08:58
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Re: Question about divorce in Switzerland.

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...

I undeerstand that if the two parties during separation agree on the terms of the divorce that it can all be over and done with quite quickly.


What happens in the case that they cant agree though? They have to go to court and thrash everything out?


If one party files for a divorce at the end of the separation period how long will it normally take for the divorce to be final?


I heard some stories of up to a year

That's an optimistic view. I know of a couple of cases that took about 5 years. It depends on how miserable either of you want to make the other, despite what's best for your children.
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Old 03.11.2016, 09:02
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Re: Question about divorce in Switzerland.

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When there are children involved, is it the case that the house may not be sold until the children are of an age where they can leave?
No.

I know of at least four cases where not only was the house sold, but the divorce couldn't proceed until it was sold.

And yes, I also know of cases that took five years.

Tom

Last edited by st2lemans; 03.11.2016 at 09:11. Reason: Remembered another.
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Old 03.11.2016, 09:05
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Re: Question about divorce in Switzerland.

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That's an optimistic view. I know of a couple of cases that took about 5 years. It depends on how miserable either of you want to make the other, despite what's best for your children.
That's the remarkable thing about divorce - assets get split between the 2 - misery gets doubled.
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Old 03.11.2016, 14:13
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Re: Question about divorce in Switzerland.

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No.

I know of at least four cases where not only was the house sold, but the divorce couldn't proceed until it was sold.

And yes, I also know of cases that took five years.

Tom
So I can make him put the house up for sale ASAP.
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