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  #41  
Old 20.07.2019, 19:02
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Re: British nationals - swiss divorce

Ok, I am getting the picture!
Put up and shut up then move on !
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  #42  
Old 20.07.2019, 19:09
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Re: British nationals - swiss divorce

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Ok, I am getting the picture!
Put up and shut up then move on !
Maybe not totally, do state what you expect to get out of the divorce. However try not to say anything negative to him or anyone who knows you both. It sounds like he knows the rules that BLP has faced.

Maybe only communicate with him via a lawyer. Are you certain he's started proceedings (i.e. you have paperwork) or you don't even have that much yet?
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  #43  
Old 20.07.2019, 19:11
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Re: British nationals - swiss divorce

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Ok, I am getting the picture!
Put up and shut up then move on !
If you are referring to my post then no, that was not my point.

Try not to make the divorce the defining force for the rest of your life. It's a divorce. It's absolutely crap. You can't "win" a divorce, but you can minimize the damage.
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  #44  
Old 20.07.2019, 19:29
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Re: British nationals - swiss divorce

I didn’t post on this forum to be bitter and twisted. Musicchick is right! I need to stick to my knitting and do the best I can and keep my integrity and self esteem in tact.
Thanks guys for the advice and suppor
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  #45  
Old 20.07.2019, 19:45
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Re: British nationals - swiss divorce

Knitting, integrity, self esteem are good.

Informing yourself properly about your rights and obligations, and how the divorce procedure really works, is also very important.
Do that with ch.ch, and with binational, to start with, in this forum, on other fora, and with a lot of googling. Just be very selective about what you write, as everything you post in public can potentially be read by him, and thereby can and may be used against you.

Many people waste hours and thousands of francs litigating about things that are not relevant within the legal system, and many others lose out because they did not thoroughly equip themselves with the knowledge they needed. You owe it to yourself - and to your children - to find out.
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  #46  
Old 20.07.2019, 19:56
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Re: British nationals - swiss divorce

Thank you Doropfiz - you’re right.
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  #47  
Old 10.08.2019, 12:08
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Re: British nationals - swiss divorce

Hello Again

I would like to pick your collective brains again please. Does anyone know anything about legal aid? Is it available in Switzerland and if so does anyone know about applying for it or eligibility criteria?
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  #48  
Old 10.08.2019, 13:07
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Re: British nationals - swiss divorce

I've just read through this thread and wondered if you have been made aware of the below, and I really don't want to give you any false hope, but it's worth finding out if this applies to your situation.

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According to Art. 61 of the Switzerland’s Federal Code on Private International Law (CPIL), divorce and separation shall be governed by Swiss law. If, however, both spouses have the same foreign citizenship and only one is domiciled in Switzerland, the law of the State of their common citizenship shall be applicable (Art. 61 II CPIL).
https://www.legalexpatgeneva.com/whi...is-applicable/

This is from 1st December 2018...
https://www.rwi.uzh.ch/dam/jcr:fffff...fcc32/PILA.pdf

A couple of things strike me about your situation. Though you have been physically seperated for 2 yrs, you were not aware that the marriage was over and were led to believe that your spouse would be joining you in the UK.

Secondly, one thing that your spouse has said correctly is, if you no longer want to be married to this person (and who would after how he has behaved) then don't contest it. Whether it's decided in the Swiss or British courts, contesting a divorce serves little purpose these days. It only really applied in the days when there was considerable social stigma attached to being a divorced person. Save your energy for the financial settlement.
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  #49  
Old 10.08.2019, 13:13
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Re: British nationals - swiss divorce

As it appears I can't edit my post, I believe you have an excellent case to counter and seek a divorce in the UK on the grounds of desertion or unreasonable behaviour.
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  #50  
Old 10.08.2019, 21:55
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Re: British nationals - swiss divorce

I know that a bad agreement is better than a good trial - but surely at some stage when the offer is unbelievably low and there’s intransigence a trial has to be an option? Hence my question about legal aid - does it exist in Switzerland?
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  #51  
Old 11.08.2019, 05:40
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Re: British nationals - swiss divorce

As far as I know, lawyers are appointed for free or for a nominal fee only in the case of people who are accused of a crime and need someone to defend them.

There are many places to go for free legal advice, but only in the sense of sitting in the waiting room to see a free lawyer for 20 minutes or so. This is typically done at the court, on an evening a week. It can be a very helpful resource if you have, otherwise, got your papers in order and are well-read.

In case you have not already done so, I recommend you read everything on www.ch.ch about divorce, starting here: https://www.ch.ch/en/divorce-procedure.

I say this subject, however, to Blueangel's excellent point above.
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  #52  
Old 11.08.2019, 05:54
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Re: British nationals - swiss divorce

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I owned my own house before we were married. I sold it and used the profit as a deposit for a joint house ... We sold that house to buy our lakeside house, sold in 2017 - profits in his account or hidden somewhere.
I recommend that you try to collect as much documentation as you can, about this, from bank accounts, from the authorities in both countries who keep the property ownership records, etc.

Here's a checklist of documentation, in general, that can potentially be relevant in a divorce, depending on the situation.
https://www.englishforum.ch/2967584-post14.html

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I am currently engaging a Swiss lawyer and a uk lawyer and the only thing I am certain of is that I can’t possibly afford to carry on more than a few weeks without bankrupting myself.
Here are some tips to keep lawyer's fees as low as possible.
https://www.englishforum.ch/2968341-post19.html
Some things are tiny, but can mushroom. For example, if you need to give the lawyer papers, you can photocopy them at the local library or similar, for just a few pennies, but if you let the lawyer's secretary do the copying, the service for her to work for your may well cost you 10x the price.
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  #53  
Old 11.08.2019, 06:00
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Re: British nationals - swiss divorce

I'm not sure, but you may find some info about legal aid, if it exists, at www.binational.ch.

Their several pages at
http://binational.ch/en/?Separation_and_divorce
seem less comprehensive than the same pages in German (which you could run through deepl or google translate).
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  #54  
Old 11.08.2019, 10:17
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Re: British nationals - swiss divorce

Thank you very much for all your great advice. I shall keep you all updated as I go - within the limits of a good post😉
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