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Old 31.05.2017, 10:30
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UK divorce, need to have it recognised by a swiss court

Have looked at other threads but couldn't really find something suitable, apologies if I fail at googling.

I've recently completed the ordeal that is a UK divorce. I am continuing to live here while the ex is in the UK. I need to give her half of my Swiss (pillar 2 with my employer) pension. The Gemeinde was happy to take my UK divorce certificate as proof of divorce but the pension fund wants something from a swiss court.

I went to the Bezirkgericht and the free consultation there was that... I need to go see a specialist family law lawyer. It's annoying to have to pay again but if I must, I must.

What would be really helpful is if someone who's gone through the same (I can't be the only one) to recommend a lawyer around Zürich who knows what they're doing and can get it done quickly/cheaply. Anything that helps me describe the situation to any lawyer (in German) would also be helpful.

Much obliged
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Old 31.05.2017, 10:41
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Re: UK divorce, need to have it recognised by a swiss court

I do not think you will need a lawyer, this helps to safe some fees.

See http://www.gaz.zh.ch/internet/justiz...g_ausland.html

Means it has to go through the embassy in London.

Maybe those people can also help: http://www.ssiss.ch/en/the_swiss_fou...n_of_the_iss_0
Link found at http://www.binational.ch/de/?Beratun..._Zuerich_-_SSI
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Old 31.05.2017, 10:44
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Re: UK divorce, need to have it recognised by a swiss court

Did you do a financial settlement in the UK too? Whilst a Swiss Divorce covers the dissolution of the marriage, financial agreement, and child custody/financial agreement, in the UK these things are done separately. It's a mistake many people make, because it's not made very clear, but check if you have a financial order in your divorce package or not and then either get one (officially translated) if you have not, or give that to the pension.
I had my financial agreement in place around 4 months after the decree absolut came through, and the child agreement was undertaken here, where the financial rules are different (we agreed to a clean break order in all ways, including waiving rights to each others pensions for example, which you cannot do here). My Swiss lawyer was a bit worried about that.
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Old 31.05.2017, 10:53
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Re: UK divorce, need to have it recognised by a swiss court

I have my financial order all sorted, also in the UK. Had to be I think.

The pension fund have received it from the UK court even but shrugged.. According to the law they think they need something from a swiss court that basically says the same i.e. " pay this person X.."

no kids thankfully!
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Old 31.05.2017, 11:23
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Re: UK divorce, need to have it recognised by a swiss court

Great... Maybe they need an official translation of the Order?
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Old 09.08.2017, 10:40
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Re: UK divorce, need to have it recognised by a swiss court

Quote:
View Post
I do not think you will need a lawyer, this helps to safe some fees.

See http://www.gaz.zh.ch/internet/justiz...g_ausland.html

Means it has to go through the embassy in London.

Maybe those people can also help: http://www.ssiss.ch/en/the_swiss_fou...n_of_the_iss_0
Link found at http://www.binational.ch/de/?Beratun..._Zuerich_-_SSI
FYI that didn't work
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Old 09.08.2017, 21:27
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Re: UK divorce, need to have it recognised by a swiss court

Probably to do with the way Switzerland handles property/assets, etc, in a divorce.

https://www.ch.ch/en/matrimonial-regime/

Have you contacted the court in Zurich and asked them about it? It may be a simple case of the judge viewing the UK court agreement and making a Swiss order to the same which you can then send back to the UK court.
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Old 09.08.2017, 21:43
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Re: UK divorce, need to have it recognised by a swiss court

Thanks. I've been to the bezirksgericht so now going to a family lawyer.

Let's hope it's not too pricey.
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Old 12.02.2021, 16:15
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Re: UK divorce, need to have it recognised by a swiss court

Hello Bozza, Sorry to dig up a no doubt painful (in more ways than one) topic. Did you ever get to the bottom of this question? I am in the same boat seeking confirmation of a UK divorce from a Swiss court for the pillar II withdrawal. Would you recommend the lawyer you dealt with? Best wishes, Louis
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Old 13.02.2021, 10:56
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Re: UK divorce, need to have it recognised by a swiss court

Hey

Sorry to hear about your situation. I'm fine to help, time does heal all.

First I would really try to avoid having to go to court. I think if I spoke to more senior people in the pensionsKasse I could have gotten them to accept the UK document. In the end it cost me around 15k to pay around the same amount of money to the ex. Court fees were 2k I think and the rest was the lawyers.I used Umbricht in Zürich and they were decent (and their English was good). I had the feeling that this wasn't a big money maker for them though so they could be reluctant to take this on again.

I think where we ended up is that they got me to make a side agreement to pay her in cash and for me to keep the pension. It was just easier coz I think what we agreed in the UK was half of pension at a certain point in time and the pensionskasse rules would have had a different point in time (much later one) and so a much worse position for me.

Hope that's enough, let me know if you need anything else.
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Old 23.02.2021, 12:23
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Re: UK divorce, need to have it recognised by a swiss court

Thank you, Bozza! That's very helpful. So sorry for the delayed reply. I didn't receive a notification of your message, as my account was still being validated.
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