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-   -   Registering marriage in Switzerland - confusing! (https://www.englishforum.ch/family-matters-health/296083-registering-marriage-switzerland-confusing.html)

Enohzee 10.01.2020 14:59

Registering marriage in Switzerland - confusing!
 
Hi all,

Maybe somebody who has married abroad and then registered their marriage in Switzerland can help me.

I'm a Brit, I married my Mexican wife in August this year in Mexico and everything went fine.

We went to the "controle des habitants" to register our marriage but they said we should contact the Swiss embassy in Mexico. We fulfilled everything the Swiss embassy asked but then they said they cannot help us, as neither of us are Swiss.

I've contacted the UK embassy in Mexico in the meantime, but does anybody else have experience in this, or any ideas?

Thanks a lot :)

Guest 10.01.2020 15:07

Re: Registering marriage in Switzerland - confusing!
 
If neither of you are Swiss, do you need to register the marriage here?

I'd have thought the most you'd need to do is update your status as regards tax, permit (if necessary) bank accounts, etc.

Enohzee 10.01.2020 15:25

Re: Registering marriage in Switzerland - confusing!
 
Quote:

If neither of you are Swiss, do you need to register the marriage here?

I'd have thought the most you'd need to do is update your status as regards tax, permit (if necessary) bank accounts, etc.
We were hoping we could just register it at the Controle des habitants but they directed us to the Swiss embassy as they don't have authority.

We have already updated with employer, banks, etc. - the problem is tax - we should be taxed together for this year but we are not recognized as married so it's a bit of a mess.

roegner 10.01.2020 15:34

Re: Registering marriage in Switzerland - confusing!
 
Quote:

Originally Posted by Enohzee (Post 3135995)
- the problem is tax - we should be taxed together for this year but we are not recognized as married so it's a bit of a mess.


Strange, they just took my word for it, did not have to register anything.

st2lemans 10.01.2020 15:35

Re: Registering marriage in Switzerland - confusing!
 
I got married in the US with my CH/Canadian wife while on vacation in the US.

We returned to CH, I was married but she wasn't, took almost a full year to iron that out.

They sent our marriage certificate back to the consulate in NYC to be translated.

Fortunately, this had happened to a Swiss friend's sister who had married a German in Germany, so he knew what to do.

Total costs: CHF 35.

But if neither of you are Swiss, I fail to see the problem.

Tom

Axa 10.01.2020 15:54

Re: Registering marriage in Switzerland - confusing!
 
Quote:

Originally Posted by Enohzee (Post 3135987)
Hi all,

Maybe somebody who has married abroad and then registered their marriage in Switzerland can help me.

I'm a Brit, I married my Mexican wife in August this year in Mexico and everything went fine.

We went to the "controle des habitants" to register our marriage but they said we should contact the Swiss embassy in Mexico. We fulfilled everything the Swiss embassy asked but then they said they cannot help us, as neither of us are Swiss.

I've contacted the UK embassy in Mexico in the meantime, but does anybody else have experience in this, or any ideas?

Thanks a lot :)


Hello, a mexican married with another mexican here.



The rules say that you need present to contrôle des habitants the marriage certificate from Mexico with apostille (notarization for international recognition because 3rd country). The apostille needs to be done in Mexico in the state were the marriage was done. You may delegate this task to someone in Mexico, see the list for apostille offices: http://dicoppu.segob.gob.mx/work/mod...EDERATIVAS.pdf



But...I was lucky because someone at contrôle des habitants in Neuchâtel was in a good mood that day and just asked me to highlight with a marker in a copy of the marriage certificate names, last name, birth dates, names of parents, etc. No notarized translation required :D Then, she input the data on some database and voila!



So, did you presented the marriage certificate to contrôle des habitants and they required a translation or apostille?



I'd guess that the best would be to ask the Mexican embassy in Bern. I'm quite confident this is not the first time this happens https://embamex.sre.gob.mx/suiza/ind...to/contactanos

Enohzee 10.01.2020 16:25

Re: Registering marriage in Switzerland - confusing!
 
Quote:

Originally Posted by Axa (Post 3136003)
Hello, a mexican married with another mexican here.



The rules say that you need present to contrôle des habitants the marriage certificate from Mexico with apostille (notarization for international recognition because 3rd country). The apostille needs to be done in Mexico in the state were the marriage was done. You may delegate this task to someone in Mexico, see the list for apostille offices: http://dicoppu.segob.gob.mx/work/mod...EDERATIVAS.pdf



But...I was lucky because someone at contrôle des habitants in Neuchâtel was in a good mood that day and just asked me to highlight with a marker in a copy of the marriage certificate names, last name, birth dates, names of parents, etc. No notarized translation required :D Then, she input the data on some database and voila!



So, did you presented the marriage certificate to contrôle des habitants and they required a translation or apostille?



I'd guess that the best would be to ask the Mexican embassy in Bern. I'm quite confident this is not the first time this happens https://embamex.sre.gob.mx/suiza/ind...to/contactanos

Thanks for this! If it can be as simple as that then we would be very happy!

We actually tried in the Controle des habitants in Gorgier as that's where we currently live. Maybe if we try Neuchatel they will be more accustomed to it... we'll also try the Mexican Embassy here in Switzerland.

Thanks a lot for your quick & valuable replies everybody. Will update ASAP ;)

Axa 10.01.2020 16:36

Re: Registering marriage in Switzerland - confusing!
 
Quote:

Originally Posted by Enohzee (Post 3136014)
Thanks for this! If it can be as simple as that then we would be very happy!

We actually tried in the Controle des habitants in Gorgier as that's where we currently live. Maybe if we try Neuchatel they will be more accustomed to it... we'll also try the Mexican Embassy here in Switzerland.

Thanks a lot for your quick & valuable replies everybody. Will update ASAP ;)

I lived at the time in Colombier, NE. For the address change to Aargau, I don't remember is the marriage certificate was asked or not.


Also, there's a facebook group of Mexicans living in NE and Vaud, someone must have solved this issue before https://www.facebook.com/amex.vd.ne/

aSwissInTheUS 10.01.2020 16:48

Re: Registering marriage in Switzerland - confusing!
 
According to this document, it should go through the Swiss Emabssy in Mexico, which will forward it to the relevant autorities in Switzerland.
https://www.eda.admin.ch/dam/countri...irat_mex_F.pdf

There is some more information in Spanish
https://www.eda.admin.ch/countries/m...atrimonio.html

Here some general information what has to be done when you got married abroad:
https://www.eda.admin.ch/countries/m...tat-civil.html
https://www.bj.admin.ch/dam/data/bj/...slandehe-f.pdf

The last one also says it should be done throught the embassy/consulate abroad. But it also mentions that you might be able to register through the canton:
Quote:

L'annonce peut exceptionnellement aussi être faite à l'autorité cantonale de surveillance de l'état civil qui envoie les documents, si nécessaire, à la représentation de la Suisse à l'étranger compétente pour traduction et légalisation (soumis à émoluments; l'autorité cantonale de surveillance compétente fournira les informations nécessaires)
For canton NE that would be: https://www.ne.ch/autorites/DJSC/JUS...s/accueil.aspx

Axa 10.01.2020 17:53

Re: Registering marriage in Switzerland - confusing!
 
Quote:

Originally Posted by aSwissInTheUS (Post 3136024)
According to this document, it should go through the Swiss Emabssy in Mexico, which will forward it to the relevant autorities in Switzerland.
https://www.eda.admin.ch/dam/countri...irat_mex_F.pdf

There is some more information in Spanish
https://www.eda.admin.ch/countries/m...atrimonio.html

Here some general information what has to be done when you got married abroad:
https://www.eda.admin.ch/countries/m...tat-civil.html
https://www.bj.admin.ch/dam/data/bj/...slandehe-f.pdf

The last one also says it should be done throught the embassy/consulate abroad. But it also mentions that you might be able to register through the canton:

For canton NE that would be: https://www.ne.ch/autorites/DJSC/JUS...s/accueil.aspx

Link #4 is relevant when one of the spouses is Swiss:

"Les citoyennes et citoyens suisses, ainsi que les étrangères et étrangers qui ont une relation avec un citoyen ou une citoyenne suisse en vertu du droit de la famille ou qui sont domiciliés en Suisse et dont les données d'état civil sont disponibles dans le registre de l'état civil sont tenus d'annoncer leur mariage célébréà l'étranger à la représentation de la Suisse à l'étranger."

A relevant part for UK and Mexican spouses married in MX is also in the first link:

"TOUS LES ACTES MEXICAINS D’ETAT CIVIL AINSI QUE LA DECLARATION TENANT LIEU DE SERMENT DOIVENT ETRE LEGALISES PAR L’APPOSITION DE L’APOSTILLE.

L’apostille doit être procurée dans l’état (canton) auprès du «Secretariat de Gobierno» où l’acte a été établi."

In theory, all is needed is an apostille from Mexico. This text, stamp and signatures made by a notary public on the back of the document https://en.wikipedia.org/wiki/Apostille_Convention

aSwissInTheUS 10.01.2020 18:07

Re: Registering marriage in Switzerland - confusing!
 
Also foreigners domiciled in Switzerland.

Quote:

Originally Posted by Axa (Post 3136041)
"Les citoyennes et citoyens suisses, ainsi que les étrangères et étrangers qui ont une relation avec un citoyen ou une citoyenne suisse en vertu du droit de la famille ou qui sont domiciliés en Suisse et dont les données d'état civil sont disponibles dans le registre de l'état civil sont tenus d'annoncer leur mariage célébréà l'étranger à la représentation de la Suisse à l'étranger."


Enohzee 13.01.2020 11:08

Re: Registering marriage in Switzerland - confusing!
 
Thanks all.

Indeed the UK Embassy got back to me, they can't help. Seems like it should be managed internally in Switzerland.

I'll go to the état civil today to see what they can do!

Enohzee 14.01.2020 15:44

Re: Registering marriage in Switzerland - confusing!
 
Quote:

Originally Posted by Enohzee (Post 3136504)
Thanks all.

Indeed the UK Embassy got back to me, they can't help. Seems like it should be managed internally in Switzerland.

I'll go to the état civil today to see what they can do!

I've gone full circle :). Tried etat civil, they told me to go to the Controle des Habitants :rolleyes:

aSwissInTheUS 14.01.2020 16:22

Re: Registering marriage in Switzerland - confusing!
 
Quote:

Originally Posted by Enohzee (Post 3136981)
I've gone full circle :). Tried etat civil, they told me to go to the Controle des Habitants :rolleyes:

Did you bring a print out of the Mémento sur le mariage célébré à l'étranger
no 150.2 https://www.bj.admin.ch/dam/data/bj/...slandehe-f.pdf . Did you highlight the relevant parts?

Did you bring a print out of the embassy/consulate refusal?

Did bring a written statement from Controle des Habitants that they refuse to process it?

Did you get a written statement that the Controle des Habitants should process it?

Did you request a "Décisions sujettes à réclamation" that they will not process your request for registration?

curley 14.01.2020 16:27

Re: Registering marriage in Switzerland - confusing!
 
<< I married my Mexican wife in August this year in Mexico>>
I'm impressed! Mexico ahead of us now?

Might be the problem with the registering? They are quite pedantic here in Switzerland.

bowlie 14.01.2020 17:29

Re: Registering marriage in Switzerland - confusing!
 
Quote:

Originally Posted by curley (Post 3136989)
<< I married my Mexican wife in August this year in Mexico>>
I'm impressed! Mexico ahead of us now?

About 6 hours I think.

Enohzee 15.01.2020 14:37

Re: Registering marriage in Switzerland - confusing!
 
Quote:

Originally Posted by aSwissInTheUS (Post 3136988)
Did you bring a print out of the Mémento sur le mariage célébré à l'étranger
no 150.2 https://www.bj.admin.ch/dam/data/bj/...slandehe-f.pdf . Did you highlight the relevant parts?

Did you bring a print out of the embassy/consulate refusal?

Did bring a written statement from Controle des Habitants that they refuse to process it?

Did you get a written statement that the Controle des Habitants should process it?

Did you request a "Décisions sujettes à réclamation" that they will not process your request for registration?

Tried the Controle des habitants in Neuchatel today.... they confirmed to me that I must go to the Controle des habitants of my commune.

They would not give a written statement however.

Will try that again later this week...

aSwissInTheUS 15.01.2020 15:04

Re: Registering marriage in Switzerland - confusing!
 
Quote:

Originally Posted by Enohzee (Post 3137213)
They would not give a written statement however.

Go back and request a "Décisions sujettes à réclamation". It is a formal refusal against which you can object at a higher authority. The refusal must state what authority that is and also the time limits. Often they rather bulge than issue one, as it means paper work, looking up the relevant laws and regulations, and, which is the good part of it, maybe realizing in the process that they are wrong.

Maybe have already yourself a written request for a "Décisions sujettes à réclamation" for your case which you can slam on the counter, sign on the spot, and hand over. Have a duplicate with you were they can counter sign the reception. Send it by registered mail, if they do not take it or do not sign the reception on the duplicate.

Edit: The above applies only for the Controle des habitants of your commune OR the etat civil of the canton. That the controle des habitants of Neuchatel refuses is o.k. and non unexpected as you are not a residence of the Ville de Neuchatel .

Enohzee 15.01.2020 15:43

Re: Registering marriage in Switzerland - confusing!
 
Quote:

Originally Posted by aSwissInTheUS (Post 3137218)
Go back and request a "Décisions sujettes à réclamation". It is a formal refusal against which you can object at a higher authority. The refusal must state what authority that is and also the time limits. Often they rather bulge than issue one, as it means paper work, looking up the relevant laws and regulations, and, which is the good part of it, maybe realizing in the process that they are wrong.

Maybe have already yourself a written request for a "Décisions sujettes à réclamation" for your case which you can slam on the counter, sign on the spot, and hand over. Have a duplicate with you were they can counter sign the reception. Send it by registered mail, if they do not take it or do not sign the reception on the duplicate.

Edit: The above applies only for the Controle des habitants of your commune OR the etat civil of the canton. That the controle des habitants of Neuchatel refuses is o.k. and non unexpected as you are not a residence of the Ville de Neuchatel .

Thanks for your feedback.

I'll try again at my commune as they were most likely confused before and thought one of us was Swiss / did not know the procedure. If I have more trouble I can request the "Décisions sujettes à réclamation".

It's kind of funny that it's so annoying to register, it will only result in more tax being paid to Neuchatel when we're registered as married :P

Enohzee 17.01.2020 11:12

Re: Registering marriage in Switzerland - confusing!
 
So after all that, I went to the controle des habitants this morning

With one swipe of the mouse and two clicks, it was done :rolleyes:

Thanks a lot EF for your valuable help!


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