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Old 31.08.2016, 00:36
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Deemed marriage/divorce

Is there anything under Swiss law which says that a couple living together for a period of time (e.g. 5+ years) confers some rights to the partner similar to them being married?

e.g. after splitting up, one may need to provide support to the other in the same way as marriage

I wasn't aware of anything like this, but I had heard from someone who was divorcing that his divorce lawyer had mentioned this and that it is wise to not live together for >5 years to avoid this liability.

Anyone got a reference for this?
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Old 31.08.2016, 00:43
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Re: Deemed marriage/divorce

Time to kick her to the curb, eh phil??
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Old 31.08.2016, 00:51
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Re: Deemed marriage/divorce

No, we are not in Hollywood
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Old 31.08.2016, 01:15
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Re: Deemed marriage/divorce

Just add "no 5 year rule applies" to the prenup with Richdog.
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Old 31.08.2016, 01:17
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Re: Deemed marriage/divorce

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Just add "no 5 year rule applies" to the prenup with Richdog.
They should club together and get a lawyer
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Old 31.08.2016, 01:28
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Re: Deemed marriage/divorce

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They should club together and get a lawyer
Well, this tidbit had come from a divorce lawyer charging >500chfs/hour, but I'd never heard of this before so wondered if it was just bullshit.
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Old 31.08.2016, 01:33
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Re: Deemed marriage/divorce

I don't know so this isn't worth anything — but the lawyer could well be correct, as this situation exists in other countries. In Australia, for example, "de facto" couples (unmarried but living together) have exactly the same rights as married couples.
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Old 31.08.2016, 01:36
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Re: Deemed marriage/divorce

No hard laws AFAIK, but some past court cases seem to exist where 5+ years of living together (aka "Konkubinat") was deemed similar to a marriage.
http://relevancy.bger.ch/php/clir/ht...18-II-235%3Ade

However it's not always a liability. Pension funds may treat this like a marriage to your advantage - i.e. grant survivor's pension, if one partner dies, to the other partner.

This is especially beneficial if both partners work - you profit from full pension funds and no marriage tax.
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Old 31.08.2016, 01:51
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Re: Deemed marriage/divorce

Also, if you have kids, things can get very ugly for the father no matter married or not and how long you lived together if ever.
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Old 31.08.2016, 07:56
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Re: Deemed marriage/divorce

Another AFAIK

If the person is a dependent (IE as part of their permit the other person agrees to take on financial responsibility) OR potentially if they have a child together and the person has given up their job to care for the child.

They are more exceptions than rules.
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Old 31.08.2016, 08:39
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Re: Deemed marriage/divorce

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Well, this tidbit had come from a divorce lawyer charging >500chfs/hour, but I'd never heard of this before so wondered if it was just bullshit.
they have no clue. better rely on information on a public forum from anonymous people
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Old 31.08.2016, 09:20
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Re: Deemed marriage/divorce

I know of such a case in Ticino where this happened, though I don't know how hard he tried to fight it.

Tom
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Old 31.08.2016, 09:55
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Re: Deemed marriage/divorce

Is Richdog marrying Phil_MCR ?
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Old 31.08.2016, 09:58
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Re: Deemed marriage/divorce

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Is Richdog marrying Phil_MCR ?
Ohh, so cute. Can you imagine their kids?
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Old 31.08.2016, 10:01
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Re: Deemed marriage/divorce

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Ohh, so cute. Can you imagine their kids?

Stop, i'll have to go to my therapy session now, double dose i think
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Old 31.08.2016, 10:13
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Re: Deemed marriage/divorce

The "common law" relationship doesn't exist in Switzerland.
We would need to know more details but assuming:


- You have not signed any agreement.


- The partner has her own income.


- No children.


There is no responsibility in paying any financial support. Obviously with children or if you operate a shop or a farm and she worked there without ever getting paid the legal situation can be different.
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Old 31.08.2016, 10:30
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Re: Deemed marriage/divorce

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Obviously with children or if you operate a shop or a farm and she worked there without ever getting paid the legal situation can be different.
In the case I know of, they both worked in his business, the business grew, and she got half the business.

Tom
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Old 31.08.2016, 11:05
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Re: Deemed marriage/divorce

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In the case I know of, they both worked in his business, the business grew, and she got half the business.

Tom
Never mix business with private relationships
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Old 31.08.2016, 11:06
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Re: Deemed marriage/divorce

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The "common law" relationship doesn't exist in Switzerland.
We would need to know more details but assuming:


- You have not signed any agreement.


- The partner has her own income.


- No children.


There is no responsibility in paying any financial support. Obviously with children or if you operate a shop or a farm and she worked there without ever getting paid the legal situation can be different.
Well, if we assume no agreement, no children AND no income, then might there may be some kind of assumption of responsibility?
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Old 31.08.2016, 11:08
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Re: Deemed marriage/divorce

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No hard laws AFAIK, but some past court cases seem to exist where 5+ years of living together (aka "Konkubinat") was deemed similar to a marriage.
http://relevancy.bger.ch/php/clir/ht...18-II-235%3Ade

However it's not always a liability. Pension funds may treat this like a marriage to your advantage - i.e. grant survivor's pension, if one partner dies, to the other partner.

This is especially beneficial if both partners work - you profit from full pension funds and no marriage tax.
Doesn't directly answer phil's question, but the bit about the pension fund is at least correct; after living together for five years (registered at the same address, that is), my girlfriend becomes eligible for a pension fund payout should I kick the bucket.

Please, if you value my continued posts here (unlikely, I know), don't telling her that...
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