Go Back   English Forum Switzerland > Help & tips > Family matters/health  
Reply
 
Thread Tools Display Modes
  #1  
Old 11.03.2018, 07:48
Junior Member
 
Join Date: Jan 2018
Location: Schaffhausen
Posts: 30
Groaned at 0 Times in 0 Posts
Thanked 12 Times in 8 Posts
ernieceline has no particular reputation at present
Divorce duration and alimony

Hi all,

I am planning for divorce due to domestic violence. I have all the evidences of violence. How long will the whole process normally take if both agree for the divorce?

Does my husband have to pay alimony? I do not have a job and we have been married less than 1 year with no children.

Who will pay the costs of the divorce?

Thank you.
Reply With Quote
  #2  
Old 11.03.2018, 08:29
slammer's Avatar
Forum Legend
 
Join Date: Jul 2009
Location: Lummerland
Posts: 5,300
Groaned at 146 Times in 102 Posts
Thanked 9,203 Times in 3,488 Posts
slammer has a reputation beyond reputeslammer has a reputation beyond reputeslammer has a reputation beyond reputeslammer has a reputation beyond reputeslammer has a reputation beyond reputeslammer has a reputation beyond repute
Re: Divorce duration and alimony

Seriously, for that amount of time married and no kids to boot, try to move on and close the door behind you. The cost of lawyering up and the mental stress this is sure to cause is simply not worth it in my humble opinion. Unless the bugger is rich, then go for it.

Last edited by slammer; 11.03.2018 at 09:55.
Reply With Quote
The following 8 users would like to thank slammer for this useful post:
  #3  
Old 11.03.2018, 13:02
Forum Legend
 
Join Date: Mar 2008
Location: ZH
Posts: 8,065
Groaned at 95 Times in 76 Posts
Thanked 12,453 Times in 5,055 Posts
doropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond repute
Re: Divorce duration and alimony

Slammer makes a good point.

In general, (though of course there may be exceptions) one spouse has to pay alimony for the other only if
  • the marriage has lasted for a long time, and/or
  • the poorer spouse is over a certain age (I think it's 45), and/or
  • there are young children who need care.
Therefore, in your case it is unlikley that your husband will have to pay alimony.

The costs of the divorce, including the lawyers, are paid for by each party. This means, though, that the total amount of money that the couple owns is diminished by the amount of any legal fees. In other words, there are fewer assets to divide between you.

One kind of asset that must be split, by law, is the accrued savings in the pension plan, if your husband has one through his employer.

Please remember that, if your permit to be in Switzerland is dependent on your husband's permit, you may well find that after you get divorced your permit is not renewed and you will have to leave Switzerland. There may be exceptions, such as
  • if you find a job so that you can support yourself, or
  • if your husband is very rich and is forced by the Court to give you some sort of settlement which would be enough to live off.

Since you are the victim of abuse, and I'm sorry to hear that, you might like to look at this link, which I posted in another thread:
https://www.englishforum.ch/2918907-post32.html
Reply With Quote
The following 4 users would like to thank doropfiz for this useful post:
  #4  
Old 11.03.2018, 14:15
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 31,912
Groaned at 2,389 Times in 1,737 Posts
Thanked 38,856 Times in 18,316 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: Divorce duration and alimony

Married less than a year, with no children, will most likely mean you returning home, as they will have serious doubts about the validity of the marriage.

Sorry, but that is the reality in such cases.

Tom
Reply With Quote
The following 2 users would like to thank st2lemans for this useful post:
  #5  
Old 11.03.2018, 15:29
curley's Avatar
Forum Legend
 
Join Date: Oct 2006
Location: canton ZH
Posts: 13,135
Groaned at 218 Times in 182 Posts
Thanked 15,264 Times in 7,847 Posts
curley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond reputecurley has a reputation beyond repute
Re: Divorce duration and alimony

If both parties agree it will be done quickly. The court costs are usually shared. No lawyer necessary.

Why do you mention you want to base it on domestic violence if both parties agree to the divorce? Or are blackmailing him into agreeing with the proof you have on the violence? In which case - as he seemed to have agreed - same as above.

Should partner not agree with divorce and there is domestic violence involved, I'm not sure but possibly the two year waiting time does not apply. But I would have to research that.
Reply With Quote
  #6  
Old 11.03.2018, 15:50
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Switzerland
Posts: 22,314
Groaned at 411 Times in 319 Posts
Thanked 17,348 Times in 9,733 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: Divorce duration and alimony

Quote:
View Post
If both parties agree it will be done quickly. The court costs are usually shared. No lawyer necessary.

Why do you mention you want to base it on domestic violence if both parties agree to the divorce? Or are blackmailing him into agreeing with the proof you have on the violence? In which case - as he seemed to have agreed - same as above.

Should partner not agree with divorce and there is domestic violence involved, I'm not sure but possibly the two year waiting time does not apply. But I would have to research that.
No, the two year rule doesn't necessarily apply in cases of abuse.

"Unilateral petition

If the spouses do not agree to divorce, either one may make a unilateral application if they have lived apart for a minimum of two years.

In exceptional cases, a divorce can be granted before the two years are over if it is unreasonable to expect one of the spouses to continue in the marriage, for example in the case of physical abuse."

But if he agrees to the divorce anyway that wouldn't come into it since the 2 year rule doesn't apply.

All the info you need is in this link:

https://www.ch.ch/en/divorce/

Unfortunately, even if he agrees alimony you may not get it. I seriously doubt you'll be able to get a new independent permit since this will require any employer to go through the non-EU hiring rules and prove they can't find a Swiss/EU national who could do the job. If you do have to leave the country there's really no way you're going to be able to force him to pay up.
Reply With Quote
The following 3 users would like to thank Medea Fleecestealer for this useful post:
  #7  
Old 11.03.2018, 16:14
Forum Legend
 
Join Date: Sep 2006
Location: na
Posts: 11,037
Groaned at 34 Times in 30 Posts
Thanked 26,109 Times in 8,066 Posts
meloncollie has a reputation beyond reputemeloncollie has a reputation beyond reputemeloncollie has a reputation beyond reputemeloncollie has a reputation beyond reputemeloncollie has a reputation beyond reputemeloncollie has a reputation beyond repute
Re: Divorce duration and alimony

Ernieceline, have you found guidance from any of the victims of domestic violence support groups linked in your other thread?

These groups are exactly the people who can help you navigate the steps you need to take. They are professionals, there to support people who have been through what you have.

Wishing you all the best.
Reply With Quote
The following 2 users would like to thank meloncollie for this useful post:
  #8  
Old 22.03.2018, 08:12
Junior Member
 
Join Date: Jan 2018
Location: Schaffhausen
Posts: 30
Groaned at 0 Times in 0 Posts
Thanked 12 Times in 8 Posts
ernieceline has no particular reputation at present
Re: Divorce duration and alimony

Being a EU citizen and have been living in CH for 5 years continuously (4 years postdoc and 1 year marriage), am I eligible to apply for C permit? I am full time housewife since about a year ago. Any advice for immigration rule in Kanton Schaffhausen?


General Question:
From the advices given, the duration of marriage is a factor of alimony eligibility. Does it also take into account of how much asset one has before marriage? If the wife has some savings or assets, will she not get alimony just because she can live on her own savings before marriage?

Appreciate your advice!
Reply With Quote
  #9  
Old 22.03.2018, 08:25
Medea Fleecestealer's Avatar
Forum Legend
 
Join Date: Jul 2011
Location: Switzerland
Posts: 22,314
Groaned at 411 Times in 319 Posts
Thanked 17,348 Times in 9,733 Posts
Medea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond reputeMedea Fleecestealer has a reputation beyond repute
Re: Divorce duration and alimony

Quote:
View Post
Being a EU citizen and have been living in CH for 5 years continuously (4 years postdoc and 1 year marriage), am I eligible to apply for C permit? I am full time housewife since about a year ago. Any advice for immigration rule in Kanton Schaffhausen?


General Question:
From the advices given, the duration of marriage is a factor of alimony eligibility. Does it also take into account of how much asset one has before marriage? If the wife has some savings or assets, will she not get alimony just because she can live on her own savings before marriage?

Appreciate your advice!
https://www.ch.ch/en/divorce-and-mai...contributions/
Reply With Quote
This user would like to thank Medea Fleecestealer for this useful post:
  #10  
Old 22.03.2018, 09:03
Forum Legend
 
Join Date: Mar 2008
Location: ZH
Posts: 8,065
Groaned at 95 Times in 76 Posts
Thanked 12,453 Times in 5,055 Posts
doropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond repute
Re: Divorce duration and alimony

https://www.ch.ch/en/renewal-overvie...idence-permit/
Overview of the conditions for Renewal of Swiss Residence Permits
Reply With Quote
  #11  
Old 22.03.2018, 11:29
magic's Avatar
Forum Veteran
 
Join Date: Mar 2008
Location: Geneva
Posts: 1,098
Groaned at 10 Times in 9 Posts
Thanked 681 Times in 309 Posts
magic has a reputation beyond reputemagic has a reputation beyond reputemagic has a reputation beyond reputemagic has a reputation beyond reputemagic has a reputation beyond repute
Re: Divorce duration and alimony

Quote:
View Post
Hi all,

I am planning for divorce due to domestic violence. I have all the evidences of violence. How long will the whole process normally take if both agree for the divorce?

Who will pay the costs of the divorce?

Thank you.
When domestic violence is proven then a different set of rules/law can be applied; go see a good lawyer and they should take care of it for you.
Reply With Quote
The following 2 users would like to thank magic for this useful post:
  #12  
Old 22.03.2018, 12:19
Forum Veteran
 
Join Date: Jan 2016
Location: Lugano
Posts: 1,128
Groaned at 17 Times in 15 Posts
Thanked 1,367 Times in 623 Posts
LuganoPirate has a reputation beyond reputeLuganoPirate has a reputation beyond reputeLuganoPirate has a reputation beyond reputeLuganoPirate has a reputation beyond repute
Re: Divorce duration and alimony

Quote:
View Post
General Question:
From the advices given, the duration of marriage is a factor of alimony eligibility. Does it also take into account of how much asset one has before marriage? If the wife has some savings or assets, will she not get alimony just because she can live on her own savings before marriage?

Appreciate your advice!
It depends if you married with separation of goods or not. If you did then what you bought to the marriage is yours. If not then it is theoretically divisible, as his his, but after just a year of marriage maybe unlikely.

As an EU citizen you certainly have more rights and if you are working then yes, you can apply for a C permit. I'm not sure of the rules if you don't have a job.
Reply With Quote
  #13  
Old 22.03.2018, 12:23
Forum Veteran
 
Join Date: Jan 2016
Location: Lugano
Posts: 1,128
Groaned at 17 Times in 15 Posts
Thanked 1,367 Times in 623 Posts
LuganoPirate has a reputation beyond reputeLuganoPirate has a reputation beyond reputeLuganoPirate has a reputation beyond reputeLuganoPirate has a reputation beyond repute
Re: Divorce duration and alimony

As a PS. If I were on the receiving end of domestic violence I'd leave the house immediately. Of course i don't know your circumstances and sometimes this is easier said than done, but I would not hang around risking the violence becomes so bad I'm hospitalised or worse.

You can also make a criminal complaint to the police and if necessary get a restraining order prohibiting from coming near you. Of course this will involve a lawyer and will cost money.
Reply With Quote
  #14  
Old 22.03.2018, 16:41
FriendlyKiwi's Avatar
Forum Veteran
 
Join Date: Jan 2008
Location: Shoppinzentrum
Posts: 1,782
Groaned at 19 Times in 15 Posts
Thanked 914 Times in 551 Posts
FriendlyKiwi has a reputation beyond reputeFriendlyKiwi has a reputation beyond reputeFriendlyKiwi has a reputation beyond reputeFriendlyKiwi has a reputation beyond repute
Re: Divorce duration and alimony

Quote:
View Post
I am planning for divorce due to domestic violence. I have all the evidences of violence. How long will the whole process normally take if both agree for the divorce?

Does my husband have to pay alimony? I do not have a job and we have been married less than 1 year with no children.

Who will pay the costs of the divorce?
A quick and amicable non contesting divorce can be over and done with within 3 months.

In such cases normally the costs are shared 50/50 each.

You can do it through the local marriage counselling office for the right paperwork and guidelines, and the local courthouse. If both are in agreement it is simply a formality and you don't need lawyers and you can settle the whole thing for less than 10k CHF, including the final court costs.

Of course, as soon as any disagreement and contesting starts to happen, then the easy straight road to freedom disappears and you have to fight.
And fighting always costs money.
__________________
Warning: may contain traces of nuts.
Reply With Quote
  #15  
Old 22.03.2018, 16:45
Forum Legend
 
Join Date: Mar 2008
Location: ZH
Posts: 8,065
Groaned at 95 Times in 76 Posts
Thanked 12,453 Times in 5,055 Posts
doropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond reputedoropfiz has a reputation beyond repute
Re: Divorce duration and alimony

Quote:
View Post
As a PS. If I were on the receiving end of domestic violence I'd leave the house immediately. Of course i don't know your circumstances and sometimes this is easier said than done, but I would not hang around risking the violence becomes so bad I'm hospitalised or worse.

You can also make a criminal complaint to the police and if necessary get a restraining order prohibiting from coming near you. Of course this will involve a lawyer and will cost money.
... and you can call on the Opferberatungsstelle (Victims' Advice Centre) for help, both immediately, whenever you are in danger, as well as afterwards, to help you work out what to do next. The services of the Opferberatungsstelle are free.
http://www.agava.ch/beratungsstellen/opferhilfe

In Schaffhausen: http://www.fsgb-sh.ch/index.php?id=83
Reply With Quote
  #16  
Old 22.03.2018, 16:52
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 31,912
Groaned at 2,389 Times in 1,737 Posts
Thanked 38,856 Times in 18,316 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: Divorce duration and alimony

Quote:
View Post
It depends if you married with separation of goods or not. If you did then what you bought to the marriage is yours. If not then it is theoretically divisible, as his his, but after just a year of marriage maybe unlikely.
Actually, only divisible if you have a shared assets regime, not with standard or separate.

The difference between separate and standard is that assets acquired DURING the marriage are divided with standard, but with both, anything either brought to the marriage stays separate.

And with all three, inheritances are NEVER divided.

Tom
Reply With Quote
This user would like to thank st2lemans for this useful post:
  #17  
Old 23.03.2018, 08:29
Forum Legend
 
Join Date: Oct 2014
Location: SG
Posts: 9,380
Groaned at 499 Times in 370 Posts
Thanked 12,471 Times in 6,471 Posts
Urs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond reputeUrs Max has a reputation beyond repute
Re: Divorce duration and alimony

They were married for less than one year, postdoc done one year ago.

Due to the divorce OP is insured by RAV despite not having worked. With the postdoc concluded fairly she should off well enough on her own.

So why should there be any alimony, at all?
Reply With Quote
The following 2 users would like to thank Urs Max for this useful post:
  #18  
Old 23.03.2018, 12:53
3Wishes's Avatar
Moderately Amused
 
Join Date: Jul 2010
Location: Bern area
Posts: 11,207
Groaned at 88 Times in 84 Posts
Thanked 19,227 Times in 8,518 Posts
3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute3Wishes has a reputation beyond repute
Re: Divorce duration and alimony

Quote:
View Post
Being a EU citizen and have been living in CH for 5 years continuously (4 years postdoc and 1 year marriage), am I eligible to apply for C permit? I am full time housewife since about a year ago. Any advice for immigration rule in Kanton Schaffhausen?
Sorry, you already have a thread for this question, except there you're Thai not EU.
https://www.englishforum.ch/permits-...-c-permit.html

All you can do - and what you should do - is ask the canton. Your current permit is based on marriage, not employment. When I applied for the C, since the marriage was part the reason I could apply early, we had to both sign that we were still in a stable relationship with no plans to divorce.

I don't know how the canton would see your situation given that 4 of the years here were not related to the marriage. Also I am not sure timing-wise how the L permit in the middle might impact the way they count years.

You speak German, call them and ask if the years you have already (B only or B + L) are enough.
Reply With Quote
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
leaving Switzerland in the middle of separation / divorce / alimony procedures expatex Family matters/health 50 26.02.2019 06:16
Divorce - alimony issues / calculation couta Family matters/health 40 15.02.2018 22:35
Alimony , Pension Casa & Divorce BlueStar Family matters/health 2 30.05.2014 17:04
Duration of Separation before get a divorce LilyFlower Family matters/health 17 02.07.2013 08:59
Alimony and Child Support prasanth11 Family matters/health 3 30.05.2013 08:06


All times are GMT +2. The time now is 03:28.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2021, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0