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Old 16.11.2011, 00:53
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Non-Swiss separating from Swiss partner ( cohabitation / unmarried with kids )

Hi all

I'm looking for some advice.

A close female family member moved to Switzerland over 6 years ago and met a man pretty much straight away who she has been with since. They are not married and have two young children, with him being the sole breadwinner. It looks like there is a possibility that they will be separating and I am concerned as to what her rights are.

My questions are:

1) Since she has lived in Switzerland for this length of time, and has two children that were both born in Switzerland and have Swiss passports, I'm assuming she will be able to continue living and, if required, working in Switzerland. Is this correct?

2) Thought they were never married would she be entitled to any sort child maintenance from the father, and if so is there a set amount or would it be on a case by case bases?

3) Would a foreign national with Swiss children be entitled to any child benefits or state help for medical expenses, rent ect...?

Any sort of advice would be much appreciated, as I have tried to have a search around the internet and I struggling to get the information require. Though at the end of the day it will be down to them to sort this out, and hopefully they will, it would be good to have a general understanding as I will want to be able to help where possible if the worst does happen.

Many thanks
J
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Old 16.11.2011, 01:13
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Re: Separating from Swiss partner

Can't provide direct answers to your questions as I don't have the specific knowledge. However, in matters such as this, especially where children are involved, she should seek professional and legal advice as soon as possible.

In the meantime, have a look at some of the helpful informational links provided by EF member @jrspet in this post - Separation / Divorce.

Finally, I hope things work out well in the end for all parties concerned.
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Old 16.11.2011, 04:25
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Re: Separating from Swiss partner

Legal assistance is required if the spouse is not a CH citizenship as yet.
Do they both have a cohabitation agreement ?
Does the foreign partner have work rights ?

Laws ( and rights ) strongly favour the married cf. cohabitation / de facto ( Konkubinat ) couples.

Some other links that might be useful:

http://www.frauenhaus-schweiz.ch/

http://www.frauenzentrale.ch/html/

http://www.svamv-fsfm.ch/de/informat...inmenu-79.html

http://www.renaca.ch/hicha-en.html / http://www.lstp.ch/e/indexe.html

http://www.patchwork-familie.ch/

BRAPPA - http://www.guidesocial.ch/fr/fiche/99/

Domestic Violence - http://www.ebg.admin.ch/themen/00466/index.html?lang=en
http://www.ebg.admin.ch/themen/00009...x.html?lang=de

http://www.sodk.ch/en/fachbereiche/f...g-centres.html

http://www.frauennottelefon.ch/

http://www.frauenberatung.ch/cms/front_content.php

https://www.143.ch/Web/de/Beratung/Default.htm

http://www.equality.ch/d/home.htm

http://www.fiz-info.ch/index.php?setLang=2 ( for Migrant Women )



Alimony for Common Law Marriage??

************************************************** *****************************

IF legally married, this might help:

http://www.admin.ch/ch/d/sr/210/index2.html

A simple manual and the Swiss Civil code in EN has been enclosed.

************************************************** ****************************

If foreign partner is abroad:

http://www.admin.ch/ch/d/sr/c0_274_15.html
( Reciprocal Maintenance Orders )

************************************************** ****************************

Some other threads that might be useful:

should I start over as single mom in CH?

http://www.swissinfo.ch/eng/Home/Arc...tml?cid=983940

single mum needs childcare advice, zurich

Becoming a single mum in Switzerland

Cheating husband

child support confusion

************************************************** ************************************************** *******************************

My 2 rappen is that if there is any glimmer of hope, salvage the partnership through counselling, culminating in a formal registration of the marriage ( such as http://www.frabina.ch/index_e.php )

BTW, I have edited the thread title, hoping that other members can find the information easily when searched.
Attached Files
File Type: pdf 210.en.pdf (819.1 KB, 460 views)
File Type: pdf Swiss divorce & maintenance.pdf (146.3 KB, 448 views)
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Last edited by jrspet; 16.11.2011 at 04:56.
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Old 16.11.2011, 08:47
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Re: Non-Swiss separating from Swiss partner ( cohabitation / unmarried with kids )

It's good to see your friend has people like you who want to help her.

I went through the same thing as your friend a few years ago and although it was incredibly hard at the time, I got through it and am now in a happier place in a loving relationship with a man who adores both me and my daughter.

jrspet has already linked my thread above where I detailed how I went about setting up on my own. The thing that held me in really good stead was the fact that I had a job here and the right to work so I knew that I could stay in Switzerland regardless of my relationship status. As jrspet asked, does your friend have the right to work here?

Regarding the maintenance/alimony, when we were heading for the breakup, I organised a meeting with the local gemeinde who drew up a contract between myself and the father. This normally happens anyway for unmarried couples but I had to get mine organised earlier than normal as my little one was still a baby and the Gemeinde hadn't got around to contacting us to set it up. I'd imagine your friend should already have this, unless things have changed or it's different outside of Basel

Anyway, I wish your friend all the luck in the world and hope things can get sorted out one way or the other. Please pass on my good luck wishes
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Old 16.11.2011, 22:46
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Re: Non-Swiss separating from Swiss partner ( cohabitation / unmarried with kids )

Many thanks for all the help everyone.

jrspet - That's an amazing amount of information there, and contains pretty much everything I think I need to get an understanding of where she stands. You've really gone above an beyond!

I think I'll now spend a few hours reading through it all now and just hope for the best!

Again thanks to everyone and take care.
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Old 17.11.2011, 20:18
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Re: Non-Swiss separating from Swiss partner ( cohabitation / unmarried with kids )

Hi Jedger

This is also news that might be of interest:

Quote:
Child custody to be shared between parents

Parents should in future have joint custody of their children, the cabinet has decided. One parent will be favoured only when it involves the protection of the child.
“We’re thus introducing equal rights to the issue of custody,” said Justice Minister Simonetta Sommaruga on Thursday. This had been demanded above all by fathers.
http://www.swissinfo.ch/eng/swiss_ne...l?cid=31585454
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