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-   -   Common-law marriage and consequences in CH (https://www.englishforum.ch/family-matters-health/127273-common-law-marriage-consequences-ch.html)

Mishto 01.10.2011 17:04

Common-law marriage and consequences in CH
Dear all,

could anyone, please, advise me. I am a non-EU having working permit in Switzerland. My German boyfriend is still married and this matter doesn't seem to end very soon.
We would like to have kids together and waiting for the next two years with planning is a bit too long because it mightn't happen straight away and age is cruicial. On the other side, I am concerned about my status in Switzerland, since the permit is employer dependent and means that I cannot even stay with the kid for more that 4 months at home (to stay in CH I have to work). Is there any possibility to get something like wife B permit based on common-law marriage (with a kid) with EU working here?

Please, point me to the law.
Thank you very much.

weejeem 01.10.2011 17:25

Re: Common-law marriage and consequences in CH
Basically, if I understand your question, you're asking if you can get some sort of permit issued to you based on some notion of recognition of some sort of "common-law marriage" to someone who's already married to . :msnsarcastic:

I think you can probably have a stab at the answer to that yourself... :rolleyes:

Mishto 01.10.2011 19:41

Re: Common-law marriage and consequences in CH
Weejeem, well, the situation is theoretical for now. But what is the man is in separation and lives with another person having family and probably kid, does the life stops until you officially get divorced?

jrspet 01.10.2011 19:49

Re: Common-law marriage and consequences in CH
I guess it is easier said than done, but one just has to wait until things pull through ( the system is not going to adapt to anyone´s circumstances ). No EU countries recognise polygamy, he has to be legally single before you marry him and obtain derivative rights ( and benefits ).

Search the forum for cohabitation, and some threads might turn up like this:


saint7uk 01.10.2011 20:09

Re: Common-law marriage and consequences in CH
I was always led to believe that "common-law marriage" is a myth and has no legal standing within European culture what so ever. 'Could be wrong about CH tho...

In any fact being here un-married without working or having a permit for other reasons, like a ton of cash in the bank or investments in swiss property / business etc or kids with a Swiss national or Swiss resident is highly unlikely.

Odile 01.10.2011 21:23

Re: Common-law marriage and consequences in CH
I'm afraid they have all said it above- the answer is a definite no.

01.10.2011 21:50

Re: Common-law marriage and consequences in CH
Your partner should simply start divorce proceedings soon. After (I think) 3 years he will be divorced.

Having children here as an unmarried foreigner is not a good idea!

Odile 01.10.2011 21:56

Re: Common-law marriage and consequences in CH
Ittigen one of our friends has been trying to divorce (here in CH to a CH woman) for .....................

10 years!:msncrazy:

01.10.2011 22:00

Re: Common-law marriage and consequences in CH
For about the last 5 years neither party can stop a divorce. It used to be 5 years waiting, now I think it is a 2 or 3 years maximum "cooling off" period. Maybe your friend needs to start fresh proceedings, as since about May 2000 either partner cannot stop a divorce going through.

Odile 01.10.2011 22:03

Re: Common-law marriage and consequences in CH
She has mental health problems and is using the kids as weapons. Each time they are ready to do the deed- she changes lawyer, becomes very sick with (manipulative) depression, etc, etc- she has used every single dirty trick you can imagine. Unbelievable.

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