Hi,

I am married to a Swiss. We got married 1 1/2 years ago in my homecountry in Asia. But, we are living in the Middle East. Our marriage was registered on January 2008 in the Swiss Embassy of our country of residence, verified and confirmed by the Swiss Embassy of my home country and in Switzerland.

Two months ago, my husband abandoned me and is now back in Switzerland. He tried to be in touch by sending me SMS or calling once in a while but he is very firm on his decision that he would like to continue living on his own and take care of himself. With these usual choice of words in the SMS that he sends me, it is very obvious that he does not want to be married or at least take any responsibility anymore and I can only assume that legal proceedings will be happening anytime soon.

I spoke to the Consul General of Switzerland here in the Middle East. He has confirmed that our documents are legal. He has provided me a list of solicitors I can contact where I can seek legal advice.

I have not contacted anyone at this point. I am still hopeful that everything will be alright and be the way it used to be. However, I would like to be knowledgeable on the following:

1. If ever, should the legal proceedings happen in Switzerland?

2. Legal Separation is 2 years which lead to automatic divorce or dissolution of marriage?

3. Legal Separation must be the consent of both parties?

4. Divorce can be unilateral or agreed by both. What if one party does not agree, how long will it drag?

5. Adultery or abandonement are not punishable by law?

6. Lastly, it's not about the money or alimony that I might or will not get at all, as a matter of fact, I am an independent woman, financially stable and working. I am aware that should the judge grant any, it will be very minimal since the length of marriage is short. I am more concerned on my rights than the worth of the money.

I look forward to all your feedback.

I thank you all in advance.

It's always sad to see a relationship break down but I don't think the EF can help you. If I understand correctly, you did not get married in Switzerland. Registering the marriage here so that it is recognised here is not the same as getting married here. Swiss law will not apply and you must take legal advice in the country where you got married.

Hi Swissbob,

Thank you for your reply.

I supposed you are certain with what you have written so there is no point for me to contact any solicitor in Switzerland? I cannot file for divorce in my homecountry because the church there does not recognize it, only annulment.

I would also think that my husband consulted solicitors in Switzerland about it. That is why, he just left me all of a sudden because he knew that he can get away with his actions and responsibility.

Is there a reason you can't get divorced in Dubai?

Hi Zug,

Good Morning! Regarding your question - When I have consulted with the Consul General of Switzerland in Dubai, he told me that if the divorce proceedings will be done in Dubai, UAE, the wife/woman is usually on the losing end. As per my understanding to what he said is that Shariah law favors the men. In fact, they can marry until 4 right.

To Swissbob and Zug,

I have a thought. Since my husband is Swiss, he is governed by Swiss law so if he files for legal separation or divorce in Switzerland, legal proceedings can be done in Switzerland?

You don't necessarily have to file for divorce where you got married, you can file where you live. If your husband files for divorce he will certainly file in Switzerland if he is now resident here. I agree that you should not file for divorce in Dubai! But, I'm not sure you can file for divorce in Switzerland as you are not living here.

I think it's still worth talking to a one of the recommended lawyers. Even if you can't file for a divorce in Switzerland as if he does file for divorce here you need to know your rights.

Try this site below to see if you have any more information.
http://www.binational.ch/

Hi Minimia,

Thank you for your reply. Another thought came to me. I remembered when I tried talking to my husband and trying to convince him to work things out which is how it is supposed to be, he was really being stubborn and kept on telling me that unfortunately he made up his mind to be on his own. I asked him if he would like do any legal action, he said that he is not thinking about it yet and it's not about the money.

When in fact, come to think of it, it might be about the money. He is physically back in Switzerland. However, he is registered in Dubai and is a resident visa holder in Dubai so he is not paying taxes anymore.

So, he might not file legal separation or divorce anymore or not yet because his residence and work status is "technically" in Dubai until 2009.

I suppose that it necessary that you are a tax paying citizen to be entitled and be entertained by the Swiss court?

If there is no pressing rush then wait. He will be meeting all kinds of bureaucratic annoyances, sorry, being registered as married in Switzerland. He will eventually start proceedings. Although.. I am not sure if a lawyer here could get the process complete without you being contacted.. so ensure your contact details are up to date at the Swiss Embassy.

CK

This thread is 2 years old. Suspect it's all done and dusted by now .

Gawd, who digs up these old threads? jeffreydavis!

CK

Newbies!!!!

Hey guys! Thank you for still replying to this post. I know it has been 2 years now but things happen for a reason. We have been living separately for 2 years and I know that in Switzerland one party can file for a "partial" divorce in this scenario.

Actually, I was in Switzerland last March 2010 and met lawyers for advice. I kinda appointed one already. He did tell me that adultery is not a ground for divorce but at least it can be a ground for justice and truth to prevail because I am not after the settlement. It just became the only thing for him to pay for what he has done.

Furthermore, the lawyer whom I appointed told me that should the proceedings happen anytime, it will not be final until the Swiss Embassy contact me and advise me (or still get my consent?). With the facts that I have, at least I can present my case.

Would appreciate any other feedback.

Best regards to all.

Our "newbie" was a spammer leaving a link to his website. He's gone the way of spammers, but nice to hear from the OP...

hear hear.

Sorry to hear about the trouble
Your husband can file for divorce in Switzerland if he's a Swiss citizen and registered here.
Once he begins divorce proceedings, you have to be informed officially and given the opportunity to present your case. You don't necessarily have to be present physically when the case is heard by a judge, but you will be informed of the outcome through official channels again.
Good luck