Go Back   English Forum Switzerland > Help & tips > Family matters/health  
Reply
 
Thread Tools Display Modes
  #1  
Old 02.09.2019, 12:49
Junior Member
 
Join Date: Feb 2014
Location: Basel
Posts: 31
Groaned at 1 Time in 1 Post
Thanked 12 Times in 5 Posts
traveleire has become a little unpopulartraveleire has become a little unpopular
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?
Reply With Quote
  #2  
Old 02.09.2019, 12:50
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 30,995
Groaned at 2,245 Times in 1,662 Posts
Thanked 37,341 Times in 17,669 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: Debt notice (betreibungs) during divorce

Quote:
View Post
do half my pension payments also go to her until the divorce is final?
Yes.

Tom
Reply With Quote
The following 4 users would like to thank st2lemans for this useful post:
  #3  
Old 02.09.2019, 18:18
22 yards's Avatar
All mod cons
 
Join Date: Jul 2009
Location: Basel-Land
Posts: 9,164
Groaned at 291 Times in 230 Posts
Thanked 19,567 Times in 7,705 Posts
22 yards has a reputation beyond repute22 yards has a reputation beyond repute22 yards has a reputation beyond repute22 yards has a reputation beyond repute22 yards has a reputation beyond repute22 yards has a reputation beyond repute
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.
Reply With Quote
The following 3 users would like to thank 22 yards for this useful post:
  #4  
Old 02.09.2019, 18:53
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 30,995
Groaned at 2,245 Times in 1,662 Posts
Thanked 37,341 Times in 17,669 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: Debt notice (betreibungs) during divorce

Quote:
View Post
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
Reply With Quote
This user would like to thank st2lemans for this useful post:
  #5  
Old 02.09.2019, 19:14
22 yards's Avatar
All mod cons
 
Join Date: Jul 2009
Location: Basel-Land
Posts: 9,164
Groaned at 291 Times in 230 Posts
Thanked 19,567 Times in 7,705 Posts
22 yards has a reputation beyond repute22 yards has a reputation beyond repute22 yards has a reputation beyond repute22 yards has a reputation beyond repute22 yards has a reputation beyond repute22 yards has a reputation beyond repute
Re: Debt notice (betreibungs) during divorce

Quote:
View Post
And never inherited assets.
Yes, I mentioned that in the second paragraph.

It's déjà vu all over again...
Reply With Quote
This user would like to thank 22 yards for this useful post:
  #6  
Old 02.09.2019, 20:37
FTB FTB is offline
Newbie 1st class
 
Join Date: Aug 2019
Location: Zug, Switzerland
Posts: 12
Groaned at 2 Times in 2 Posts
Thanked 11 Times in 8 Posts
FTB has become a little unpopularFTB has become a little unpopular
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.
Reply With Quote
This user would like to thank FTB for this useful post:
  #7  
Old 02.09.2019, 21:35
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 30,995
Groaned at 2,245 Times in 1,662 Posts
Thanked 37,341 Times in 17,669 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: Debt notice (betreibungs) during divorce

Quote:
View Post
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
Reply With Quote
  #8  
Old 02.09.2019, 22:48
22 yards's Avatar
All mod cons
 
Join Date: Jul 2009
Location: Basel-Land
Posts: 9,164
Groaned at 291 Times in 230 Posts
Thanked 19,567 Times in 7,705 Posts
22 yards has a reputation beyond repute22 yards has a reputation beyond repute22 yards has a reputation beyond repute22 yards has a reputation beyond repute22 yards has a reputation beyond repute22 yards has a reputation beyond repute
Re: Debt notice (betreibungs) during divorce

Quote:
View Post
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?
Reply With Quote
This user would like to thank 22 yards for this useful post:
Reply

Tags
divorce




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
Left Switzerland - Debt notice 4 years after leaving sparksleo Leaving Switzerland 28 08.07.2016 08:31
Accident during notice period kifissiacat Employment 4 16.02.2015 09:43
What happens if debt notice is not collected Belgianmum Daily life 30 19.09.2014 21:26
betreibungs office [debt records] fptrader Complaints corner 3 24.07.2014 17:35
Betreibung [Debt Notice] Tonest Finance/banking/taxation 23 13.02.2014 14:16


All times are GMT +2. The time now is 23:48.


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