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Old 31.03.2015, 16:03
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Re: Husband leaving suddenly

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Possibly, possibly not. Most people/authorities are fairly sympathetic in such a situation even if they don't have to be. Do you have a formal separation agreement (something you've both signed)? If not, you might want to consider going to court and initiate the separation formally.
Separation is easily initiated - you need to go to your district's civil court for that (give them, filled in with your details, the last form on this page) and you don't need a lawyer to represent you. If you want a lawyer but can't afford one, and if you can't afford court costs, you can apply for the state to pay for your costs (for the time being, you will have to pay them back when you have enough money!) with the fourth/fifth form on the page I linked to a few lines up.

If you leave here without being separated or divorced, most likely Swiss authorities will consider you married and treat you as such no matter what Australia treats you as. I think to do this cleanly, irrespective of where you were married, you might have to get separated in Switzerland. I don't think you get legally separated in the way Swiss law defines separation by simply leaving Switzerland - which could have financial (and other) consequences.
To make sure you don't leave this country with the authorities considering you married while you consider yourself separated, please seek legal advice. The easiest way to handle the "will both countries consider me separated, I want to be considered so", IMO is getting legally separated by a civil court here in Switzerland.

Info re: separation and divorce

Regulates the time period left until your divorce, which can be 2 years, less or more.
It regulates the current situation, decisions made can be altered e.g. in a divorce procedure.

Possible immediately if applied for jointly, if all issues are amicably solved by the parties.
Possible before 2 years of separation are up if the legal relationship between the parties - which marriage entails - is deemed unbearable for one party by the court.
Possible 2 years after separation (living separately required) if only one party wants the divorce.

Last edited by mirfield; 16.04.2015 at 07:47. Reason: Corrected typo as requested
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