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Old 13.02.2018, 08:29
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Re: Divorce in Switzerland or home country?

Information sheet by Spain consulate in Geneva on separation and divorce judgments made in Switzerland:

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Separation and divorce judgments handed down by a Court of First Instance in Switzerland are NOT automatically recognized in Spain.

For a divorced (or separated) Spaniard in Switzerland to be legally divorced in Spain, he or she must to apply for the exequatur of the Swiss judgment on divorce (or separation) in a court of law of first instance in Spain through a lawyer and solicitor (per the Convention between Spain and Switzerland for the recognition of civil and commercial judgments of 1896).

This procedure is mandatory for all Spaniards, regardless of whether they have civil or religious marriage in Spain or outside Spain. There is no deadline to apply for the exequatur of separation or divorce.

The following procedures must be carried out:
  • Obtain a complete copy of the Swiss judgement. It must include the "Facts of the case", the "Legal grounds" and the "Judgment".
  • Obtain a certificate stating the final character of the sentence.
  • Legalize these documents with the Apostille of the Hague Convention.
  • Have the complete copy of the sentence and the certificate of finality translated into Spanish by an official translator.
  • Legalize the translation with the Apostille of the Hague Convention, except if using a sworn translator from Spain.
  • Hire a lawyer in Spain (may be from any Spanish city). If the marriage was not celebrated in Spain the lawyer must be from Madrid.
  • Establish a general power of attorney for legal action on behalf of the lawyer and his or her solicitors, before a notary in Spain or before the Spanish Consul.
  • Obtain the verbatim marriage certificate, as well as the birth certificates of the children, in the corresponding Spanish Civil Registry.
  • Send all the above documents to the lawyer in Spain so that he or she can submit the application for exequatur before a judge of first instance.
http://www.exteriores.gob.es/Consula...o%20suizas.pdf
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  #22  
Old 13.02.2018, 08:39
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Re: Divorce in Switzerland or home country?

Good grief! What a palava. Expensive too from the sounds of it.
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  #23  
Old 26.07.2019, 11:49
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Re: Divorce in Switzerland or home country?

A Question about EU Citizen divorcing with Swiss spouse.
I am EU Citizen and I've been here In Swiss for 5 years also I've been in marriage 5 years.Now I can apply for C Permit or continue my B permit.But also I need info can I get no C permit when the divorce process starts, and how is here in Swiss calculate the time, did they look after official divorce is given or they calculate from the period when the process is started on court.Also for example can they make me problem from the start for my B permit. Thanks
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Old 26.07.2019, 12:47
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Re: Divorce in Switzerland or home country?

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A Question about EU Citizen divorcing with Swiss spouse.
I am EU Citizen and I've been here In Swiss for 5 years also I've been in marriage 5 years.Now I can apply for C Permit or continue my B permit.But also I need info can I get no C permit when the divorce process starts, and how is here in Swiss calculate the time, did they look after official divorce is given or they calculate from the period when the process is started on court.Also for example can they make me problem from the start for my B permit. Thanks
I believe as an EU citizen you can apply for an independent C permit now, as long as you fulfill the requirements. The separation shouldn't matter assuming you have the language skills (or are exempted from them) and you have a job/can support yourself financially.

You won't be able to apply for facilitated naturalization, because doing that requires signing documents you're still married, living together, and no intent to divorce.
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Old 26.07.2019, 13:17
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Re: Divorce in Switzerland or home country?

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I believe as an EU citizen you can apply for an independent C permit now, as long as you fulfill the requirements. The separation shouldn't matter assuming you have the language skills (or are exempted from them) and you have a job/can support yourself financially.

You won't be able to apply for facilitated naturalization, because doing that requires signing documents you're still married, living together, and no intent to divorce.


The point is that I still do not have Long Term Contract,I must wait till end of August.And we are on Court also this period.At the moment I have "Abruf Vertrag"
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