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02.09.2019, 12:49
| Junior Member | | Join Date: Feb 2014 Location: Basel
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| | Debt notice (betreibungs) during divorce
Hello,
I am separated from my wife and the 2 year waiting period will end later this year.
Now my ex has made a claim for money owed which I plan to dispute. I just wanted to ask on here if someone knows can this delay the divorce until it is resolved?
In general I am also curious if she finds other ways to delay the divorce beyond the 2 years do half my pension payments also go to her until the divorce is final?
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02.09.2019, 12:50
|  | Forum Legend | | Join Date: Dec 2010 Location: Lugano
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| | Re: Debt notice (betreibungs) during divorce | Quote: | |  | | | do half my pension payments also go to her until the divorce is final? | | | | | Yes.
Tom
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02.09.2019, 18:18
| | Re: Debt notice (betreibungs) during divorce
As Tom has indicated, both of your pension pots will be split equally on the date of divorce and not before. This includes Pillar 3a, so it's best not to contribute to that pillar while you're separated if you don't like the idea of sharing.
As far as I know, division of property can be finalized after the divorce is finalized. Usually, all assets acquired during marriage are split equally, unless you arranged for an alternative regime at the time of marriage. Was this alleged debt to your wife incurred while you were married? If so, there should be no issue (unless she inherited the money or had it before you got married); she paid money to you, you borrowed from her, but the money went out of and into the same joint pot.
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02.09.2019, 18:53
|  | Forum Legend | | Join Date: Dec 2010 Location: Lugano
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| | Re: Debt notice (betreibungs) during divorce | Quote: |  | | | Usually, all assets acquired during marriage are split equally, unless you arranged for an alternative regime at the time of marriage. | | | | | Or before the divorce.
And never inherited assets.
Tom
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02.09.2019, 19:14
| | Re: Debt notice (betreibungs) during divorce | Quote: | |  | | | And never inherited assets. | | | | | Yes, I mentioned that in the second paragraph.
It's déjà vu all over again... | This user would like to thank for this useful post: | | 
02.09.2019, 20:37
| Newbie 1st class | | Join Date: Aug 2019 Location: Zug, Switzerland
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| | Re: Debt notice (betreibungs) during divorce
Regarding the question if a debt enforcement (Betreibung) can cause a disruption to the two-year waiting period for non-consensual divorces, I don’t see how it can. These are two unrelated areas of law and unrelated procedures.
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02.09.2019, 21:35
|  | Forum Legend | | Join Date: Dec 2010 Location: Lugano
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| | Re: Debt notice (betreibungs) during divorce | Quote: |  | | | Yes, I mentioned that in the second paragraph.
It's déjà vu all over again...  | | | | | Just covering all the bases (which you don't understand, being from Crocodile Dundee Land)
Tom
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02.09.2019, 22:48
| | Re: Debt notice (betreibungs) during divorce | Quote: | |  | | | Just covering all the bases (which you don't understand, being from Crocodile Dundee Land) 
Tom | | | | | There are plenty of USAF bases in Australia. Can we cover all of them, preferably under 10 feet of soil?
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