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Old 03.01.2018, 13:49
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Divorce in Switzerland or home country?

We are a couple that unfortunately have both decided to get divorced and we wonder how to proceed:

-Both EU citizens
-Married in our home country 3.5 years ago as my wife (girlfriend at that time) was still living there, then she moved immediately after the wedding here and got the same permit than me.
-Both residents in CH for the last 3.5 years (I came 9 months before than my wife)
-No kids, no house, just some savings.

I wonder if we can get divorced in our home country (and whether is possible, easier, cheaper, faster, better or not) even though we are resident and living here (B Permit both).

Horrible thing to manage when your feelings are destroyed. At least, we both agree is the best for us and we don't want to hurt each other, just the fair option taken into consideration many factors like one of us will return "home".

Thank you
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Old 03.01.2018, 13:55
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Re: Divorce in Switzerland or home country?

Not unless you both move back there. You can't pick where you divorce, you have to be resident in the country to be able to do that. Since you're here that's Switzerland.
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Old 03.01.2018, 14:05
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Re: Divorce in Switzerland or home country?

yes, but what happens if the country where you are from (and where you got married) does not recognize a divorce sentence from Switzerland (which I'm afraid is the case)? That would mean, for your home country, that you are not divorced there. Is that possible? I called the consulate and they told me that, but they need to double check...
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Old 03.01.2018, 14:15
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Re: Divorce in Switzerland or home country?

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yes, but what happens if the country where you are from (and where you got married) does not recognize a divorce sentence from Switzerland (which I'm afraid is the case)? That would mean, for your home country, that you are not divorced there. Is that possible? I called the consulate and they told me that, but they need to double check...
Yes that is possible, I for example divorced 10 years ago in the Netherlands, and Switzerland does not recognise this which is giving me huge problems atm since I cannot even recognise my own kid which I have with my current partner. Also according to Swiss law my EX is the one to inherit my goodies if something would happen to me now since to them I am still married.

However divorce in Switzerland goes through a judge, and there is a treaty with obligates all members to recognise each other court verdicts unless public order/decency is in danger. So what country in the EU does not recognise a Swiss divorce?

And no you can not divorce in a country where none of you is signed in.
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Old 03.01.2018, 14:28
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Re: Divorce in Switzerland or home country?

many thanks for the info: That's the other option, my partner is considering moving back home, then we can wait (not desired but perhaps the best option to sort out everything) till she is registered back there and signed off from CH and then start the proceeding there. I assume, as laws differs between countries, consequences for both may be different in terms of how to split the current assets, etc..

Home country is Spain.

Thanks again

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Yes that is possible, I for example divorced 10 years ago in the Netherlands, and Switzerland does not recognise this which is giving me huge problems atm since I cannot even recognise my own kid which I have with my current partner. Also according to Swiss law my EX is the one to inherit my goodies if something would happen to me now since to them I am still married.

However divorce in Switzerland goes through a judge, and there is a treaty with obligates all members to recognise each other court verdicts unless public order/decency is in danger. So what country in the EU does not recognise a Swiss divorce?

And no you can not divorce in a country where none of you is signed in.
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Old 03.01.2018, 15:05
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Re: Divorce in Switzerland or home country?

Please speak to the Spanish Consulate in Bern for accurate advice.

I married in Austria but divorced in the UK, and one of the first steps was to contact the Austrian Consulate in London to make sure that my marriage could be fully disolved in the UK. It took one phone call and a single page letter from the Consulate to confirm.
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Old 03.01.2018, 18:20
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Re: Divorce in Switzerland or home country?

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I for example divorced 10 years ago in the Netherlands, and Switzerland does not recognise this.
Why on earth not?

Tom
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Old 04.01.2018, 09:33
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Re: Divorce in Switzerland or home country?

Thanks a lot to everybody. I have legal protection insurance in Spain, so I will ask them, they should know it by hard.

Btw, interesting how the UK system works with regard to the different "resident" statuses .

Have all a decent end of week and happy new year
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Old 04.01.2018, 09:34
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Re: Divorce in Switzerland or home country?

In Spain seems to be same: They don't recognize swiss divorce. Dont ask me why. different countries - different rules and laws

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Why on earth not?

Tom
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Old 03.01.2018, 16:35
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Re: Divorce in Switzerland or home country?

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You can't pick where you divorce, you have to be resident in the country to be able to do that.
sure you can! why do you think so many wives divorce in the UK? you need little more than an address in the country you want to divorce in. these things are sadly always best done through a family lawyer. get advice from the best available not from a random internet forum.
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Old 03.01.2018, 16:53
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Re: Divorce in Switzerland or home country?

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sure you can! why do you think so many wives divorce in the UK? you need little more than an address in the country you want to divorce in. these things are sadly always best done through a family lawyer.
Exactly, and then you are a resident of the UK. See post from MF
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Old 03.01.2018, 16:59
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Re: Divorce in Switzerland or home country?

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Exactly, and then you are a resident of the UK. See post from MF
not necessarily. and certainly no reason to give up swiss residence. you may or may not end up spending tens of thousands on the very (very) gray areas of jurisdiction to prove either way but i can tell you for a fact there are most certainly options. and you can most certainly be 'resident' (whatever that means in different places) in multiple countries.

the UK for example has no official concept of residence for british and (for now) EU citizens such as Switzerland does.
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Old 03.01.2018, 17:52
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Re: Divorce in Switzerland or home country?

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the UK for example has no official concept of residence for british and (for now) EU citizens such as Switzerland does.
No longer true, there is a statutory definition of UK residence, however if someone claims to be resident nobody would give a xxxx.
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