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Old 14.10.2019, 23:55
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Request for advice from anyone that went through a divorce in Switzerland

Hi there,


This is for anyone who has been through a separation/divorce and could perhaps offer some advice.

I am separated and waiting for divorce. I had to pay a bill to my lawyer because my ex sent a letter to the court saying I owed alimony.As per the agreement she had no reason to send.

If my ex is not adhering to the agreement and sends a letter to the court then how can I block this in future? What's to stop my ex sending a letter to the court every week and this will cost me lawyer fees for every response he needs to write. How can I avoid this?


On another note, in court for the separation my lawyer never invited me to say anything. There was a lot of talking but it was in German and even with the interpreter I couldn't follow it all since it went so fast. Has anyone had experience with this where they used a translator and were able to have their voice heard? I want to have a say in what is agreed when I go back to court for the divorce. Any advice is welcome.


Thank you.
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Old 15.10.2019, 01:45
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Re: Request for advice from anyone that went through a divorce in Switzerland

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Hi there,


This is for anyone who has been through a separation/divorce and could perhaps offer some advice.

I am separated and waiting for divorce. I had to pay a bill to my lawyer because my ex sent a letter to the court saying I owed alimony.As per the agreement she had no reason to send.

If my ex is not adhering to the agreement and sends a letter to the court then how can I block this in future? What's to stop my ex sending a letter to the court every week and this will cost me lawyer fees for every response he needs to write. How can I avoid this?


On another note, in court for the separation my lawyer never invited me to say anything. There was a lot of talking but it was in German and even with the interpreter I couldn't follow it all since it went so fast. Has anyone had experience with this where they used a translator and were able to have their voice heard? I want to have a say in what is agreed when I go back to court for the divorce. Any advice is welcome.


Thank you.
Not learning the language of the enviroment bites one in the arse ..... some a bit more painfully than others.

Seems you have a separation decision from court. That should be valid for the two years you have to wait before you can file for divorce. Unless you have children who could change situations.
So if your wife writes letters to court you don't need your lawyer, you just refer to that court-decision and/or send a copy of it as your reply.
You can't really stop her from writing letters, you can just drown court in copies of the agreement, that could very well make the court stopping her sooner or later.

You wait for your lawyer to invite you to talk? Who employed whom here?

If you bring a translator, you tell the judge that you want the time for him/her to do the translation. I'm a bit surprised about what you describe as they are usually very reliable, making sure all parties involved understand the procedures.
You tell the judge the exact same thing you wrote here <<I want to have a say in what is agreed >> and the judge will agree.
For some strange reason you seem to have to tell your lawyer the same thing as well.
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Old 15.10.2019, 15:57
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Re: Request for advice from anyone that went through a divorce in Switzerland

If she wants to make the process more complicated there seems little you can do to stop her. Do you have kids?

Also you should tell your lawyer if they are not translating everything and it is an issue. Often it's blah blah that you hearing wouldn't make much of a difference, if you trust your lawyer there is no need to know it all, changes nothing.
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Old 15.10.2019, 16:28
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Re: Request for advice from anyone that went through a divorce in Switzerland

Your post is a bit confused. If you're not yet divorced you're not paying alimony. If you are legally separated then the default position is both your incomes go in the pot and you either both take 50% out or one of you takes more if you have kids at an amount agreed either by yourselves or by the court and clearly stipulated in writing.

After 2 years (used to be 3) of legal separation you can start divorce proceedings where, again, either you agree between your lawyers what, if anything (if both working and no kids then probably nothing) gets paid per month. Plus you split all the assets accrued during the marriage 50/50.

If you're paying a lawyer you shouldn't have to ask these questions. Get them to explain, in writing if necessary, what is happening.
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Old 15.10.2019, 17:32
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Re: Request for advice from anyone that went through a divorce in Switzerland

Were you married with a separation of goods? If so what each of you bought into the marriage stays yours. It's only what was acquired after you married that gets split.

You don't mention your ages, but a friend of mine married a lady 20 years younger than him. After 10 years together she wanted a divorce but as he was 70 years old and retired, and she was still of working age, the judge made her pay alimony to him, which topped up his pension nicely. She was not expecting this!

Equally, if no children are involved, the court will not expect you to keep her in the lap of luxury forever, but will expect her to find work and keep herself.

All the best with it.
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Old 15.10.2019, 17:43
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Re: Request for advice from anyone that went through a divorce in Switzerland

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Were you married with a separation of goods? If so what each of you bought into the marriage stays yours. It's only what was acquired after you married that gets split.
Not quite correct.

If you have separation of assets, then what was acquired after the marriage does not get split.

What was brought into the marriage is only split if you have combined assets, which is extremely rare, but not with standard or separation regimes.

Also, anything inherited is never split.

Tom
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Old 17.10.2019, 01:27
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Re: Request for advice from anyone that went through a divorce in Switzerland

Thank you. I will make sure I speak up more in next court session. The problem was the court sent the letter to my lawyer instead of me and he handled it and billed me for it without agreeing in advance.
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