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Old 01.07.2010, 19:47
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Pensions and Separation

I have searched the many threads but cannot find exactly what I am looking for so I hope someone can help.

I am about to have my civil partnership dissolved - we signed our partnership in the UK but will be having the relationship dissolved here in Switzerland as this is where we will both continue to live. I understand that under Swiss law I am entitled to half of my partners pension. This is not what concerns me as to be perfectly honest I don't care about this money. However, what does concern me is whether she is entitled to half of my UK pension. It is still in the UK and having checked on the internet if we are separated outside the UK it looks like she is not entitled to half under UK law. But what about Swiss law? Is there some kind of bilateral agreement?

Any pointers / advice would be helpful.

Many thanks
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Old 02.07.2010, 20:08
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Re: Pensions and Separation

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I have searched the many threads but cannot find exactly what I am looking for so I hope someone can help.

I am about to have my civil partnership dissolved - we signed our partnership in the UK but will be having the relationship dissolved here in Switzerland as this is where we will both continue to live. I understand that under Swiss law I am entitled to half of my partners pension. This is not what concerns me as to be perfectly honest I don't care about this money. However, what does concern me is whether she is entitled to half of my UK pension. It is still in the UK and having checked on the internet if we are separated outside the UK it looks like she is not entitled to half under UK law. But what about Swiss law? Is there some kind of bilateral agreement?

Any pointers / advice would be helpful.

Many thanks
I am not a lawyer. You should get one, particularly if you anticipate friction.

My guess:
  • You are a Swiss resident. Hence Swiss law applies.
  • Swiss law says that all assets accrued, after the marriage (also partnership?), must be split 50%:50%.
  • If any asset cannot be split, e.g. house, then the person retaining it must compensate the other with a cash equivalent.
  • Swiss pensions are always split.
  • I do not know what UK pension law is. The Swiss judge would probably rule that the holder of the UK pension must compensate the other person.
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Old 02.07.2010, 20:10
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Re: Pensions and Separation

Thanks for the feedback Goldtop. My pension in the UK was accrued before our civil partnership so i'm living in hope
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Old 02.07.2010, 20:19
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Re: Pensions and Separation

Hello

Not really an answer to your question, but make sure that the dissolution of your partnership will actually be valid in the UK. I found out by complete accident that the divorce I got here in Switzerland is not acknowledged in Germany where I'm from I got married in the UK so I guess in the UK I would still be classed as married, too....

I wish you all the best!
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Old 02.07.2010, 20:49
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Re: Pensions and Separation

Dottee
This is nevertheless a very useful piece of info.
Thanks
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Old 03.07.2010, 22:56
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Re: Pensions and Separation

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Hello

Not really an answer to your question, but make sure that the dissolution of your partnership will actually be valid in the UK. I found out by complete accident that the divorce I got here in Switzerland is not acknowledged in Germany where I'm from I got married in the UK so I guess in the UK I would still be classed as married, too....

I wish you all the best!
I am confused:
  • Are you saying that you must get divorced in every single country on the planet?
  • Or is it that you must submit the Swiss court order to the authorities of the citizenship country?
  • Or is it that partnership dissolution is handled differently than divorce?
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Old 04.07.2010, 14:38
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Re: Pensions and Separation

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I am confused:
  • Are you saying that you must get divorced in every single country on the planet?
  • Or is it that you must submit the Swiss court order to the authorities of the citizenship country?
  • Or is it that partnership dissolution is handled differently than divorce?
Good point. Maybe I just need to send the paperwork off to the authorities in the UK once the partnership has been dissolved.
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