Go Back   English Forum Switzerland > Help & tips > Family matters/health
Reply
 
Thread Tools Display Modes
  #1  
Old 21.09.2016, 18:49
Newbie 1st class
 
Join Date: Nov 2015
Location: Zurich
Posts: 13
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
Thedoors has no particular reputation at present
Question about divorce in Switzerland.

Hi everybody,

Please excuse my ignorance.

Does the law in Switzerland force couples who are married in Switzerland to divide up all the properties such as revenues, real estate, saving money...ect when the marriage ends ?

Thank you for your answers.
Reply With Quote
  #2  
Old 21.09.2016, 18:52
Forum Legend
 
Join Date: Sep 2010
Location: Neuchatel
Posts: 20,030
Groaned at 406 Times in 303 Posts
Thanked 22,965 Times in 10,392 Posts
Odile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond reputeOdile has a reputation beyond repute
Re: Question about divorce in Switzerland.

As usual- just depends. But in CH assets owned before marriage are not normally shared upon divorce.
Reply With Quote
  #3  
Old 21.09.2016, 18:52
Oldhand's Avatar
Forum Legend
 
Join Date: Apr 2006
Location: Zürich
Posts: 3,875
Groaned at 20 Times in 19 Posts
Thanked 6,297 Times in 1,941 Posts
Oldhand has a reputation beyond reputeOldhand has a reputation beyond reputeOldhand has a reputation beyond reputeOldhand has a reputation beyond reputeOldhand has a reputation beyond reputeOldhand has a reputation beyond repute
Re: Question about divorce in Switzerland.

Usually that which was accrued during marriage. Including pension.
Reply With Quote
  #4  
Old 21.09.2016, 18:55
Newbie 1st class
 
Join Date: Nov 2015
Location: Zurich
Posts: 13
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
Thedoors has no particular reputation at present
Re: Question about divorce in Switzerland.

So basically everything which was earned ( revenue, saving money...) during marriage is automatically shared in case the marriage ends ?
Reply With Quote
  #5  
Old 21.09.2016, 19:17
swisspea's Avatar
Forum Legend
 
Join Date: May 2008
Location: From one side of lake Zurich to the other...
Posts: 5,519
Groaned at 33 Times in 22 Posts
Thanked 5,060 Times in 2,440 Posts
swisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond reputeswisspea has a reputation beyond repute
Re: Question about divorce in Switzerland.

Yes, basically, yes....

And the split is not necessarily 50/50. If there are children involved, if one partner's capacity to earn is much lower than the other...then the lower 'earning capacity' partner, or the one who is likely to need to work less in order to care for small children, may be entitled to ask for more than 50% of the combined assets.... and don't forget pension funds....

The revenue/assets/savings will be counted from the point of separation, with some consideration of what happens between the separation and the actual divorce....

Don't go spending it all beforehand!

Last edited by swisspea; 22.09.2016 at 15:20.
Reply With Quote
The following 3 users would like to thank swisspea for this useful post:
  #6  
Old 21.09.2016, 19:37
Newbie 1st class
 
Join Date: Nov 2015
Location: Zurich
Posts: 13
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
Thedoors has no particular reputation at present
Re: Question about divorce in Switzerland.

What do you mean by "Don't go spending it all beforehand!"
Reply With Quote
  #7  
Old 21.09.2016, 19:40
Forum Legend
 
Join Date: Feb 2012
Location: here
Posts: 3,528
Groaned at 50 Times in 41 Posts
Thanked 3,545 Times in 1,803 Posts
glowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond reputeglowjupiter has a reputation beyond repute
Re: Question about divorce in Switzerland.

Quote:
View Post
What do you mean by "Don't go spending it all beforehand!"
You will obviously not be able to walk away scot-free if your partner knows that you went blowing the money which should have been split equally among both of you

Husband leaving suddenly
Divorce and pensions - is it fair
canceling mutually agreed divorce - cannot pay divorce settlement
domestic abuse and divorce
swiss husband's family insisting on an ehevertrag!
etc.
Reply With Quote
  #8  
Old 21.09.2016, 19:40
JagWaugh's Avatar
Forum Legend
 
Join Date: Apr 2009
Location: Eglisau
Posts: 4,700
Groaned at 33 Times in 32 Posts
Thanked 8,616 Times in 3,429 Posts
JagWaugh has a reputation beyond reputeJagWaugh has a reputation beyond reputeJagWaugh has a reputation beyond reputeJagWaugh has a reputation beyond reputeJagWaugh has a reputation beyond reputeJagWaugh has a reputation beyond repute
Re: Question about divorce in Switzerland.

Quote:
View Post
What do you mean by "Don't go spending it all beforehand!"
It isn't unusual for bank accounts to be emptied on things like vacations between separation and the divorce.
Reply With Quote
This user would like to thank JagWaugh for this useful post:
  #9  
Old 22.09.2016, 09:42
Today only's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Europe
Posts: 4,302
Groaned at 508 Times in 315 Posts
Thanked 4,787 Times in 2,337 Posts
Today only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond reputeToday only has a reputation beyond repute
Re: Question about divorce in Switzerland.

Quote:
View Post
It isn't unusual for bank accounts to be emptied on things like vacations between separation and the divorce.
.......and during the marriage
Reply With Quote
This user would like to thank Today only for this useful post:
  #10  
Old 22.09.2016, 09:46
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 19,284
Groaned at 984 Times in 769 Posts
Thanked 21,513 Times in 10,272 Posts
st2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond repute
Re: Question about divorce in Switzerland.

Unless one has a separation of assets regime, then no split.

Tom
Reply With Quote
  #11  
Old 22.09.2016, 12:49
Newbie 1st class
 
Join Date: Nov 2015
Location: Zurich
Posts: 13
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
Thedoors has no particular reputation at present
Re: Question about divorce in Switzerland.

So people, are you talking about shared bank accounts or individual ones ? Because I am talking about individual bank accounts, they have to be shared also when marriage ends ?

Thank you
Reply With Quote
  #12  
Old 22.09.2016, 12:56
JagWaugh's Avatar
Forum Legend
 
Join Date: Apr 2009
Location: Eglisau
Posts: 4,700
Groaned at 33 Times in 32 Posts
Thanked 8,616 Times in 3,429 Posts
JagWaugh has a reputation beyond reputeJagWaugh has a reputation beyond reputeJagWaugh has a reputation beyond reputeJagWaugh has a reputation beyond reputeJagWaugh has a reputation beyond reputeJagWaugh has a reputation beyond repute
Re: Question about divorce in Switzerland.

Quote:
View Post
So people, are you talking about shared bank accounts or individual ones ? Because I am talking about individual bank accounts, they have to be shared also when marriage ends ?

Thank you
In the absence of a pre-nup, or an asset (like a house) which one party brought to the relationship, the net assets, including all bank balances savings plans, pension plans etc, less the liabilities (mortages etc) will be split 50/50.
Reply With Quote
This user would like to thank JagWaugh for this useful post:
  #13  
Old 22.09.2016, 13:03
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 5,706
Groaned at 41 Times in 39 Posts
Thanked 8,238 Times in 3,684 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: Question about divorce in Switzerland.

What was yours before will be yours after.
If you had X on your bank account you should get X.
If you had X shares in your depot you should get X.

Anything you have inherited will be yours.

Anything bought with your is yours.

Anything gained with yours is yours. (Dividend from shares, interest on capital.)
Reason why you should keep your own personal bank account clean from shared assets. During marriage it is advisable to have at least a his, a hers, and a joint account. Makes many things easier during and after marriage. May the after be due to divorce or due till-death-us parts.

Anything you had before and had to be replaced is yours.
Reason why I strongly suggest anyone to get married to buy a car before marriage. Any car, can be a crappy wreck. During marriage you can upgrade it to ever you want and come out even during divorce.
__________________
Discover the beauty of Switzerland and its many wonderful passes with your motorbike - http://motofun.ch/paessefahren.html
Reply With Quote
  #14  
Old 22.09.2016, 15:00
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 19,284
Groaned at 984 Times in 769 Posts
Thanked 21,513 Times in 10,272 Posts
st2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond repute
Re: Question about divorce in Switzerland.

Quote:
View Post
So people, are you talking about shared bank accounts or individual ones ? Because I am talking about individual bank accounts, they have to be shared also when marriage ends ?

Thank you
Depends on the source of the money, and yor marriage regime.

Tom
Reply With Quote
The following 2 users would like to thank st2lemans for this useful post:
  #15  
Old 23.09.2016, 11:18
Newbie
 
Join Date: Sep 2016
Location: Zurich
Posts: 1
Groaned at 0 Times in 0 Posts
Thanked 0 Times in 0 Posts
Eiger Tiger has no particular reputation at present
Re: Question about divorce in Switzerland.

I didnt want to start a new thread on divorce as I see there are plenty but hoping someone could answer a question I have.


I undeerstand that if the two parties during separation agree on the terms of the divorce that it can all be over and done with quite quickly.


What happens in the case that they cant agree though? They have to go to court and thrash everything out?


If one party files for a divorce at the end of the separation period how long will it normally take for the divorce to be final?


I heard some stories of up to a year
Reply With Quote
  #16  
Old 02.11.2016, 23:56
Deep Purple's Avatar
Forum Legend
 
Join Date: Dec 2007
Location: England
Posts: 5,174
Groaned at 15 Times in 14 Posts
Thanked 5,047 Times in 2,472 Posts
Deep Purple has a reputation beyond reputeDeep Purple has a reputation beyond reputeDeep Purple has a reputation beyond reputeDeep Purple has a reputation beyond reputeDeep Purple has a reputation beyond reputeDeep Purple has a reputation beyond repute
Re: Question about divorce in Switzerland.

When there are children involved, is it the case that the house may not be sold until the children are of an age where they can leave?

In that case, would the person not living with the children be entitled to any interim payments?
Reply With Quote
This user would like to thank Deep Purple for this useful post:
  #17  
Old 03.11.2016, 07:58
FunnyBone's Avatar
Forum Veteran
 
Join Date: Jan 2015
Location: Earth
Posts: 546
Groaned at 31 Times in 21 Posts
Thanked 793 Times in 364 Posts
FunnyBone has a reputation beyond reputeFunnyBone has a reputation beyond reputeFunnyBone has a reputation beyond reputeFunnyBone has a reputation beyond reputeFunnyBone has a reputation beyond repute
Re: Question about divorce in Switzerland.

Quote:
View Post
...

I undeerstand that if the two parties during separation agree on the terms of the divorce that it can all be over and done with quite quickly.


What happens in the case that they cant agree though? They have to go to court and thrash everything out?


If one party files for a divorce at the end of the separation period how long will it normally take for the divorce to be final?


I heard some stories of up to a year

That's an optimistic view. I know of a couple of cases that took about 5 years. It depends on how miserable either of you want to make the other, despite what's best for your children.
Reply With Quote
This user would like to thank FunnyBone for this useful post:
  #18  
Old 03.11.2016, 08:02
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 19,284
Groaned at 984 Times in 769 Posts
Thanked 21,513 Times in 10,272 Posts
st2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond repute
Re: Question about divorce in Switzerland.

Quote:
View Post
When there are children involved, is it the case that the house may not be sold until the children are of an age where they can leave?
No.

I know of at least four cases where not only was the house sold, but the divorce couldn't proceed until it was sold.

And yes, I also know of cases that took five years.

Tom

Last edited by st2lemans; 03.11.2016 at 08:11. Reason: Remembered another.
Reply With Quote
The following 3 users would like to thank st2lemans for this useful post:
  #19  
Old 03.11.2016, 08:05
dodgyken's Avatar
Forum Legend
 
Join Date: Apr 2010
Location: Democratic Republic Kenistan
Posts: 10,317
Groaned at 350 Times in 285 Posts
Thanked 18,657 Times in 7,089 Posts
dodgyken has a reputation beyond reputedodgyken has a reputation beyond reputedodgyken has a reputation beyond reputedodgyken has a reputation beyond reputedodgyken has a reputation beyond reputedodgyken has a reputation beyond repute
Re: Question about divorce in Switzerland.

Quote:
View Post
That's an optimistic view. I know of a couple of cases that took about 5 years. It depends on how miserable either of you want to make the other, despite what's best for your children.
That's the remarkable thing about divorce - assets get split between the 2 - misery gets doubled.
Reply With Quote
This user would like to thank dodgyken for this useful post:
  #20  
Old 03.11.2016, 13:13
Sutter's Avatar
Forum Legend
 
Join Date: Oct 2007
Location: Thurgau
Posts: 5,796
Groaned at 67 Times in 48 Posts
Thanked 2,760 Times in 1,589 Posts
Sutter has a reputation beyond reputeSutter has a reputation beyond reputeSutter has a reputation beyond reputeSutter has a reputation beyond reputeSutter has a reputation beyond reputeSutter has a reputation beyond repute
Re: Question about divorce in Switzerland.

Quote:
View Post
No.

I know of at least four cases where not only was the house sold, but the divorce couldn't proceed until it was sold.

And yes, I also know of cases that took five years.

Tom
So I can make him put the house up for sale ASAP.
Reply With Quote
This user would like to thank Sutter for this useful post:
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Question about Kennel Requirements in Switzerland Mrs. Doolittle Pet corner 3 03.01.2014 21:31
Question about Swiss Credit Checks on an Expat in Switzerland Paul_G Finance/banking/taxation 8 19.06.2012 20:36
Question about Divorce Elar Family matters/health 8 10.12.2010 23:01
French marrying in Switzerland: question about french documents to provide Rontary Permits/visas/government 10 26.05.2010 10:24
Question about selling a car in Switzerland kdjack Transportation/driving 1 10.10.2009 14:02


All times are GMT +2. The time now is 04:45.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2017, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0