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Old 02.07.2012, 11:23
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Divorcing in DE / CH

My wife and I are both registered in switzerland (no where else). My wife wants to file for divorce in Germany where we got married. Is this possible or do we need to file for a divorce in Switzerland? Any thoughts, ideas, advice, or experiences someone may want to share?

Many thanks in advance.
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Old 02.07.2012, 11:54
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Re: Divorcing in DE / CH

Not sure if this helps, but I think either of you needs some residence time in DE before proceeding for divorce in DE. Citizenship might also be a factor in determining jurisdiction for Private International Law issues.

Some resources:

http://www.binational.ch/

Link1

Link2

Link3

You might also wish to pose a question at our sister site in Germany:


www.toytowngermany.com

http://www.toytowngermany.com/lofi/i...hp/t20314.html

http://www.toytowngermany.com/lofi/i...t76620-45.html

http://www.toytowngermany.com/wiki/Divorce_in_Germany
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Old 02.07.2012, 12:10
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Re: Divorcing in DE / CH

This is really helpful. My wife is German and I am Dutch. We havent lived in Germany since 2007.

Thank you.
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Old 21.07.2012, 00:46
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Re: Divorcing in DE / CH

I am sorry to say that it does not seem to matter if you have never lived in Germany. I believe (according to legal advice last July) that Germany is one of the few countries in Europe,(my lawyer believed the only but was not sure) that allow any of its nationals to divorce under German law ( passport must be valid at time of separation) - even if the other party is not German and has never lived there. They have to register in Berlin. The only way to stop this is to file for divorce in a different EU state or in Switzerland but then you have the 2 year rule. If you both agree to divorce though Switzerland can be done quickly apparently.(ignoring the 2 yr rule)
Before you disagree to a German divorce though look at the details - it generally favours the male - even when children are involved. Statistically more German males file through Berlin than females and this cannot be coincidental ?
I really would take good legal advice and look into the details international divorces can be a minefield.
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Old 21.07.2012, 00:49
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Re: Divorcing in DE / CH

Forgot to say - also look at how premarital agreements are viewed if you had one. German law is different regarding these - though similar to Zurich in some respects.
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