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  #41  
Old 11.04.2012, 13:18
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Re: no choice but take married name?

You left out:

Art. 30 Civil Code
"1. The government of the canton of residence may permit a person to change his or her name for good cause."

Here, in Ticino, when we (both Swiss) got married last September, were each allowed to freely choose our post marriage surnames.

I guess Ticino is more liberal in their interpretation of "good cause", and considers marriage to be "good cause".

Tom
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Old 11.04.2012, 15:12
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Re: no choice but take married name?

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I guess Ticino is more liberal in their interpretation of "good cause".
That can very well be. Still merely getting "married" shouldn't count as "good cause" in itself. Usually you have show some kind of mental anguish or according to the Federal Supreme Court significant social disadvantages. For example an otherwise embarassing combination of first and the potential family name. Citing freely from Austin Powers:

Alotta Smith marries Peter Fagina...
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  #43  
Old 11.04.2012, 15:42
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Re: no choice but take married name?

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That can very well be. Still merely getting "married" shouldn't count as "good cause" in itself. Usually you have show some kind of mental anguish or according to the Federal Supreme Court significant social disadvantages.
Nonetheless, they let you change your name when you marry here, in fact it took my wife a good 15 minutes to decide what she wanted!

It was pointed out to make sure to choose well, as changing them afterwards would be difficult to impossible.

Tom
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  #44  
Old 11.04.2012, 16:32
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Re: no choice but take married name?

Wrong assumption again, my initial statement still holds true. Dealing with paperwork is a hassle to me. I would like to avoid it if I could.
Comment about not wanting to lose my identity was only applied to the statement below as a generalization that being married and moving to another country doesn’t mean it should change who I am.

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if you need to move to Swiss, then just get married in the US and take his name. you'll be moving to a new country so will have to register everything anyway, so you might as well start with the new name.
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  #45  
Old 11.04.2012, 16:36
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Re: no choice but take married name?

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Well, sure she is ready...after all, she's getting married to Swiss guy next year...
I am IT developer. Being impulsive is not in my nature. Occupational hazard.
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  #46  
Old 11.04.2012, 16:41
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Re: no choice but take married name?

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You left out:

Art. 30 Civil Code
"1. The government of the canton of residence may permit a person to change his or her name for good cause."

Here, in Ticino, when we (both Swiss) got married last September, were each allowed to freely choose our post marriage surnames.

I guess Ticino is more liberal in their interpretation of "good cause", and considers marriage to be "good cause".

Tom
I wonder how it would be determined what considered a good cause vs. not a good cause. "I just don't want to" doesn't count I guess.
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  #47  
Old 11.04.2012, 16:58
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Re: no choice but take married name?

When we got married in Thurgau last year, I was also surprised to find out about this rule...but more like, I laughed at just another "strange" (to me anyway) part of immigrating to Switzerland. I changed my name to his, but my passport etc has yet to be updated with my government, so even things like my SBB halbtax and such are all in my maiden name. Whatever you choose, good luck for your marriage - the most important point is you're both very happy together, no? Congratulations!
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  #48  
Old 11.04.2012, 18:44
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Re: no choice but take married name?

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Wrong assumption again, my initial statement still holds true. Dealing with paperwork is a hassle to me. I would like to avoid it if I could.
Comment about not wanting to lose my identity was only applied to the statement below as a generalization that being married and moving to another country doesn’t mean it should change who I am.
I totally understand your wish to keep your name, as it is to ome people a crucial part of their identity.
Here in Zurich the law is very clear on the name changing thing. There are four options explained in this document http://www.stadt-zuerich.ch/content/...r_schweiz.html, however, none allows each to keep their previous namesa. As a foreigner you are supposed to argument your country laws forbidding you from a change.

Even though I had my country laws supporting on that, we choose to marry abroad and avoid the tons of papers the town hall for in Zurich was asking for (not to mention the fees!).

The employee at the town hall had warned us that marrying abroad would not save us the paper hastle and name restrictions when registering our marriage in CH. Contrary to her statment, it went very smooth!!
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  #49  
Old 11.04.2012, 19:28
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Re: no choice but take married name?

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Nonetheless, they let you change your name when you marry here
In this case the commune official who conducted the civil marriage and registered the names probably broke federal law...

He or she would have only been competent to register the variations of names envisaged by Art. 160 CC, i.e. the husband's name alone, or a double name for the wife. Everything else requires the say so of the Kantonsregierung...

Are you sure you got married?
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  #50  
Old 11.04.2012, 19:38
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Re: no choice but take married name?

no choice but take married name?



first world problems!!
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  #51  
Old 11.04.2012, 19:43
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Re: no choice but take married name?

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no choice but take married name?



first world problems!!
Differing from the rest of the EF problems about life in Switzerland..
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  #52  
Old 11.04.2012, 20:02
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Re: no choice but take married name?

I'm sure I'll be corrected by many who dwell within these threads, but my Swiss German friend was surprised when I told him if I were to marry a man I would proudly and lovingly take his last name as mine.

His point was that to him (and his people) it was quite common for the wife to keep her maiden name and hyphenate the husband's name. In his case his wife has his name-her name.

The purpose was so that she would be able to keep her Swiss roots as part of her identity and all would know where she came from instead of just being unidentified under her husband's name.

He used the example of how the Swiss also use their Heimtort (spelling?) as their city of residence on their passports, even though they may have never lived there during their lifetime. Background, who you are and where you came from, is very important, as he explained.

Just sayin....Maybe the regulations are based on this cultural choice.
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  #53  
Old 11.04.2012, 20:10
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Re: no choice but take married name?

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no choice but take married name?

first world problems!!
Yes, and its taken us a while to get there.

It used to be that marriage between Roman Catholic and Protestant was forbidden (http://www.nzzfolio.ch/www/d80bd71b-...5bb822e5d.aspx).

but even more "fun" was the fact that a woman used to lose almost all her property rights when getting married...
(http://www.rwi.uzh.ch/lehreforschung...08/altesGR.pdf).

So overall I view it as a work in progress. At the end of the day it would make more sense (from a practical point of view) to always have the women's name as the family name:
  • since in the case of kids (leaving aside adoptions) you can always be sure who is the mother, not always who is the father
  • there is no mess with changing names if a couple only decides to marry after the kids are born
  • if there is a divorce the kids will always keep the name of the mother even if she remarries
  • there is no social stigma for kids of couples who are not married since they bear the name of the mother.
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  #54  
Old 11.04.2012, 21:52
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Re: no choice but take married name?

We surely did consider to get married here, in US but the list of paperwork that we would have to fill out to register our marriage in Switzerland is even longer. And waiting times are longer as well.
Besides, if we get married here in US and I can't move for the next 6 months to Switzerland due to paperwork being processed, it won't be good either. We would be married but living in two different countries. We don't really want that.

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I totally understand your wish to keep your name, as it is to ome people a crucial part of their identity.
Here in Zurich the law is very clear on the name changing thing. There are four options explained in this document http://www.stadt-zuerich.ch/content/...r_schweiz.html, however, none allows each to keep their previous namesa. As a foreigner you are supposed to argument your country laws forbidding you from a change.

Even though I had my country laws supporting on that, we choose to marry abroad and avoid the tons of papers the town hall for in Zurich was asking for (not to mention the fees!).

The employee at the town hall had warned us that marrying abroad would not save us the paper hastle and name restrictions when registering our marriage in CH. Contrary to her statment, it went very smooth!!
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  #55  
Old 11.04.2012, 22:22
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Re: no choice but take married name?

Re: timeframe.. SwissFox, in which Kanton do you intend to marry? Have you seen the list of documents which you need to collect in order to get married in CH?
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  #56  
Old 11.04.2012, 22:28
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Re: no choice but take married name?

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We surely did consider to get married here, in US but the list of paperwork that we would have to fill out to register our marriage in Switzerland is even longer. And waiting times are longer as well.
Besides, if we get married here in US and I can't move for the next 6 months to Switzerland due to paperwork being processed, it won't be good either. We would be married but living in two different countries. We don't really want that.
Having been married in the US and in Switzerland, I really have to say that paperwork was minimal in both cases.

However, I was resident in Switzerland both times, not someone planning to move here.

Cost was also minimal, to get our US marriage recognized, I paid nothing, and my wife (Swiss/Canadian) CHF 35.

However, for six months or so, I was married, and she not!

(it got backdated for her, though)

Tom
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Old 11.04.2012, 22:45
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Re: no choice but take married name?

Paperwork lots of it is all part of the joy of living abroad. Just decide if it would be worth the heartache of being obliged by law to change your surname.
For me it wouldn't be an option-I left on hols, married in my husband's country and returned married with my names intact. But then neither of us were citizens, maybe that makes a huge difference. You could become Swiss yourself after marriage, so I suppose you have ro show willingness to abide by the rules of the land.
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Old 11.04.2012, 23:40
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Re: no choice but take married name?

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Re: timeframe.. SwissFox, in which Kanton do you intend to marry? Have you seen the list of documents which you need to collect in order to get married in CH?
Canton Zurich. And yeah, we've got the list of paperwork needed. Not too bad. I've sen worse.
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Old 11.04.2012, 23:44
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Re: no choice but take married name?

That's funny how it is.
Actually, even after getting married in Switzerland, marriage will not be valid in US or Russia unless I register it. So, technically, when I go back home to Russia, for example, I will not be married in the eyes of the law.


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Having been married in the US and in Switzerland, I really have to say that paperwork was minimal in both cases.

However, I was resident in Switzerland both times, not someone planning to move here.

Cost was also minimal, to get our US marriage recognized, I paid nothing, and my wife (Swiss/Canadian) CHF 35.

However, for six months or so, I was married, and she not!

(it got backdated for her, though)

Tom
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Old 11.04.2012, 23:48
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Re: no choice but take married name?

I will abide by rules of the land but don't think I will become a Swiss citizen. I already hold dual nationality. Don't really see a need to get another one yet.

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Paperwork lots of it is all part of the joy of living abroad. Just decide if it would be worth the heartache of being obliged by law to change your surname.
For me it wouldn't be an option-I left on hols, married in my husband's country and returned married with my names intact. But then neither of us were citizens, maybe that makes a huge difference. You could become Swiss yourself after marriage, so I suppose you have ro show willingness to abide by the rules of the land.
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