Thread: Divorce
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Old 01.04.2020, 10:19
IcePanda IcePanda is offline
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Re: Divorce

In my experience it's a fairly fair process in Switzerland. But as other EFers have pointed out, if the husband is living abroad, he could technically file for divorce in his country of now residence. It is worth to check out which country would be favourable.

In Switzerland the costs of the divorce are normally split between both parties equally.

Typically in Switzerland the courts would look at the assets accrued during the marriage in determining any financial support. Also if either party is supporting children who they have had together (which doesn't seem to be relevant in this case from what you've said).

I don't quite understand the bit about the retirement money. If your friend's husband left Switzerland to a non EU country, he could release his pension fund. It sounds from what you have said that you can also release it to invest in a company, which I didn't know you could do. I didn't think it was possible to sign a waiver to release a part of a partner's pension before divorce. (Sorry I can't think of a more elegant way of putting that). For example, in my personal experience, my husband moved away from Switzerland to a non EU country, released his pension into a dedicated, but protected, savings account, and was only able to access that money (to invest in something else) upon our divorce.

For the financial support, if the divorce is in Switzerland, it depends on the accrued assets during the marriage (can be anything - pension, house value, shares, money in bank accounts). If for example your friend's pension contributions were larger than her husbands during her marriage (from the Big Day itself right up until date of requesting the divorce), he would be able to claim part of that. But he could state that he does not wish for that pension money during the divorce process.

If your friend and her husband can use the same lawyer and come to agreed terms together, then that will be cheaper in legal costs of course.

I hope this helps a little.
IP
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