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  #21  
Old 04.07.2020, 01:54
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Re: Divorce remotely

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And it's actually about remote divorce, not primarily about financial support.
It's ONLY about financial support, read OP more carefully again. If you have a problem understanding, replace the "she" with a "he" and you will be...OMG SHOCKING!
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  #22  
Old 04.07.2020, 06:15
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Re: Divorce remotely

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Hi all,

I went traveling 6 months ago and never came back home to my husband, due to COVID-restrictions. The country I am stuck in is still closed, all my Swiss life felt apart including our relationships, so we decided to divorce remotely.

We got married and moved to Switzerland 4 years ago, both non-EU nationals, no kids. My permit was dependent on his, I never worked officially but 2 years ago I registered as Individual (entrepreneur), so I started to pay AVS on my own. In 2019 I had 0 income tho, so I have no idea why the commune haven’t change my status back.

I am alone stuck in another country with zero income, zero savings, and zero support from anywhere, trying to figure out the divorce. What rights do I have? Am I eligible for 50% of his savings or something else? Is it possible to make it remotely at all?
Maybe you should change your username to: "Mybadchoicesruinedmylife".
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  #23  
Old 04.07.2020, 06:23
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Re: Divorce remotely

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It's ONLY about financial support, read OP more carefully again. If you have a problem understanding, replace the "she" with a "he" and you will be...OMG SHOCKING!
Why do you think it would be shocking? There are definitely a lot of situations when women are the main providers and the family/husband survives (mainly) on their income. I wouldn't be that shocked to see a man wanting to take a woman to the cleaners....

Anyways, not sure if it's right to bash people for wanting to get what they're legally entitled to.
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Old 04.07.2020, 07:21
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Re: Divorce remotely

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It's ONLY about financial support, read OP more carefully again. If you have a problem understanding, replace the "she" with a "he" and you will be...OMG SHOCKING!
I suggest you to read the thread one more time - I never asked for a financial support from my husband. In fact, we always had separate budgets. I started this thread asking about a possibility of a remote divorce and trying to understand what are my rights after living 4 years together in Switzerland.

Again, I did not come back to Switzerland during the pandemia because Iím stuck in Latin America, there were no flights back and I donít have enough of a budget to take a private jet.

I really do not understand why itís so many negative comments here and zero response related to the primary question. It seems to me that you having difficulty even to imagine how itís to be a women that lost income during Corona (I used to organize events and retreats, thatís why I travel), stuck in a country of traveling, and then her full time employed husband demanded a divorce remote.
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  #25  
Old 04.07.2020, 07:49
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Re: Divorce remotely

If he wants the divorce, tell him to help you get home and then sort it out. I assume you need to come back and collect belongings at least?
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  #26  
Old 04.07.2020, 08:44
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Re: Divorce remotely

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I suggest you to read the thread one more time - I never asked for a financial support from my husband. In fact, we always had separate budgets. I started this thread asking about a possibility of a remote divorce and trying to understand what are my rights after living 4 years together in Switzerland.

Again, I did not come back to Switzerland during the pandemia because Iím stuck in Latin America, there were no flights back and I donít have enough of a budget to take a private jet.

I really do not understand why itís so many negative comments here and zero response related to the primary question. It seems to me that you having difficulty even to imagine how itís to be a women that lost income during Corona (I used to organize events and retreats, thatís why I travel), stuck in a country of traveling, and then her full time employed husband demanded a divorce remote.
Sorry, but you did sort of make it sound like it was all about money.

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I am alone stuck in another country with zero income, zero savings, and zero support from anywhere, trying to figure out the divorce. What rights do I have? Am I eligible for 50% of his savings or something else? Is it possible to make it remotely at all?
You also said you never worked so of course people are going to assume he's supporting you financially.

As Island Monkey said, if he wants a quick divorce then he needs to help you get back to Switzerland to get things sorted out.

As for your other rights here from the link I posted

"Persons from non-EU/EFTA states
A divorced spouseís or a childís existing residence permit may be extended provided:
the marriage lasted at least three years in Switzerland and the spouse / family lived together; and
the persons concerned are successfully integrated in Switzerland (unblemished reputation, respect for Swiss constitutional values, knowledge of the language spoken at their place of residence, willingness to work or to train for a job) or
important personal circumstances make it necessary to continue living in Switzerland (e.g. persecution in their home country)."

Your marriage lasted long enough, but unless you're well integrated into Swiss life or there are circumstances which prevent you from returning to your home country, I can't see you being granted a new permit to stay here. That's assuming you want to of course.

Also have you approached your home country's embassy/consulate to see if they can provide you with any help?
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Old 04.07.2020, 10:24
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Re: Divorce remotely

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I am a 35 year old MALE. I've been exploring the Himalayas, New Zealand and Kenya, but now I ran our of money. How can I extract more from my working wife so I can continue living la dolce vita? I've already booked my business class flight to the Seychelles, but she's stubbornly refusing to pay! HELP!
Sometimes it's better just to think these thoughts than to post them. You have no real idea of the OP's situation and these kind of comments say more about you than about the OP.
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  #28  
Old 04.07.2020, 13:02
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Re: Divorce remotely

In my previous post I asked a lot of questions. There is no one 'simple' answer to this.


Actually, your husband has an obligation under swiss law to support you financially and equally.



It will be difficult to initiate separation proceedings from outside the country, but it is possible.


Whether you say you 'kept separate budgets' or not, the Swiss law is quite clear about marriage obligations.


BUT you also have the option of initiating divorce proceedings from your home country. Yes, in that sense 'remote divorce' is possible. And I would suggest speaking to a lawyer in your home country who is familiar with law in both countries ASAP to decide whether it is in your interest to begin the proceedings in your home country or in Switzerland.


Although COVID is a valid reason for not being able to return to Switzerland, you still need to talk to the authorities and tell them where you are and get your residency permit extended. In that sense, you have 'abandoned' the marriage and your residency in Switzerland - because it sounds like you have decided that it's not going to be possible, rather than pushing to get yourself back as soon as possible.


Abandon sounds like a bad word, but it just means 'given up on'...which sounds exactly like what you have done. For good reason or not. that is your freedom and right under Swiss law, which has no-fault divorce.


I recommend you speak to a Swiss-qualified lawyer in your home country. They should be able to advise you on your rights and the best way to protect any assets that you have within your marriage.



Basic iNFO here:

https://www.ch.ch/en/divorce-procedure/
https://www.expatica.com/ch/living/l...erland-106669/
https://www.swisslife.ch/en/individu...etirement.html
https://www.swisslife.ch/en/individu...etirement.html


Typically, the more money involved, the more lawyers and everyone loses (except the lawyers).
There is a way to do this by mutual agreement.


HOWEVER, if you are not Swiss-resident then you cannot initiate the divorce proceedings - but your husband can. So that's why I recommend starting with legal advice:


Option 1: officially move your residency in your home country and initiate divorce proceedings under your home country law.
Option 2: ensure that your residency is still Swiss (are you paying health insurance ?) - sort it out with the Swiss authorities then initiate separation/divorce in Switzerland.
Option 3: your husband initiates the process in Switzerland, you stay in your home country.


It's probably not in his interest to initiate and speed the process, in Switzerland, if it means it is going to cost him a lot of money.



And as long as you are married and not officially separated under Swiss law,you can both run up debt that affects the other. So I would say to get the separation agreement sorted ASAP.



Read this:

http://www.binational.ch/en/?Separat..._of_separation
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  #29  
Old 04.07.2020, 13:04
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Re: Divorce remotely

Oh, and one more to read:

http://www.binational.ch/en/?Money__...nd_partnership
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  #30  
Old 04.07.2020, 13:48
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Re: Divorce remotely

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It's ONLY about financial support, read OP more carefully again. If you have a problem understanding, replace the "she" with a "he" and you will be...OMG SHOCKING!
LOL, you lost me now.
Anyway, too many contradictions for my taste, so better spend the week-end on something else:

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Hi all,

I went traveling 6 months ago and never came back home to my husband, due to COVID-restrictions. The country I am stuck in is still closed, all my Swiss life felt apart including our relationships, so we decided to divorce remotely.

We got married and moved to Switzerland 4 years ago, both non-EU nationals, no kids. My permit was dependent on his, I never worked officially but 2 years ago I registered as Individual (entrepreneur), so I started to pay AVS on my own. In 2019 I had 0 income tho, so I have no idea why the commune havenít change my status back.

I am alone stuck in another country with zero income, zero savings, and zero support from anywhere, trying to figure out the divorce. What rights do I have? Am I eligible for 50% of his savings or something else? Is it possible to make it remotely at all?
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I suggest you to read the thread one more time - I never asked for a financial support from my husband. In fact, we always had separate budgets. I started this thread asking about a possibility of a remote divorce and trying to understand what are my rights after living 4 years together in Switzerland.

Again, I did not come back to Switzerland during the pandemia because Iím stuck in Latin America, there were no flights back and I donít have enough of a budget to take a private jet.

I really do not understand why itís so many negative comments here and zero response related to the primary question. It seems to me that you having difficulty even to imagine how itís to be a women that lost income during Corona (we suffered from Corona all 2019?!) (I used to organize events and retreats, thatís why I travel), stuck in a country of traveling, and then her full time employed husband demanded a divorce remote.
I would say, if the husband demands remote divorce, he can also figure out how it's done. If she does not agree, he can't anyway - two years separation if one doesn't agree.

If one were sarcastic - which nobody is of course - it would cross one's mind that this two year's separation is tried to be forced by husband by not flying her back.

Whatever the situation really is, I would turn to Swiss embassy (as well as the one of your country) for advice.
All the best.
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  #31  
Old 04.07.2020, 14:03
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Re: Divorce remotely

Oh boy. Troll or not, troll or not, I can't decide

No, you can't divorce remotely in Switzerland, assuming you mean via internet.
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  #32  
Old 04.07.2020, 14:26
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Re: Divorce remotely

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Oh boy. Troll or not, troll or not, I can't decide

No, you can't divorce remotely in Switzerland, assuming you mean via internet.
I assume she means without her returning to Switzerland. Surely something is possible, I mean what if my husband ran off to another country and never came back? Would they make me stay married forever?
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  #33  
Old 04.07.2020, 14:31
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Re: Divorce remotely

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I assume she means without her returning to Switzerland. Surely something is possible, I mean what if my husband ran off to another country and never came back? Would they make me stay married forever?
No. For two years. In Switzerland that is.

edit: After seven you have a chance to become a widower.
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Old 04.07.2020, 16:57
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Re: Divorce remotely

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Hi all,

I went traveling 6 months ago and never came back home to my husband, due to COVID-restrictions. The country I am stuck in is still closed, all my Swiss life felt apart including our relationships, so we decided to divorce remotely.

We got married and moved to Switzerland 4 years ago, both non-EU nationals, no kids. My permit was dependent on his, I never worked officially but 2 years ago I registered as Individual (entrepreneur), so I started to pay AVS on my own. In 2019 I had 0 income tho, so I have no idea why the commune havenít change my status back.

I am alone stuck in another country with zero income, zero savings, and zero support from anywhere, trying to figure out the divorce. What rights do I have? Am I eligible for 50% of his savings or something else? Is it possible to make it remotely at all?
Where did you get married? That's quite important, for example if you got married in the UK and you're both UK nationals you gotta divorce there, you don't have a choice to do it.

I think you need to do some googling on the laws that apply to you which will depend on where you got married and both of your citizenship. Once you figured out where you can get divorced (you may have a choice) you can then ask about it.
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  #35  
Old 04.07.2020, 19:14
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Re: Divorce remotely

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Where did you get married? That's quite important, for example if you got married in the UK and you're both UK nationals you gotta divorce there, you don't have a choice to do it.
Wrong.

"You can get divorced in England or Wales if all of the following are true:
youíve been married for over a year
your relationship has permanently broken down
your marriage is legally recognised in the UK (including same-sex marriage)
the UK is your permanent home, or the permanent home of your husband or wife"

https://www.gov.uk/divorce

They're not resident in the UK, even if they are UK nationals - which I don't think is the case since the OP said they were both non-EU's and the UK is still in the EU atm.
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  #36  
Old 04.07.2020, 21:36
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Re: Divorce remotely

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Actually, your husband has an obligation under swiss law to support you financially and equally.

Whether you say you 'kept separate budgets' or not, the Swiss law is quite clear about marriage obligations.
Careful there. It's far from clear which conditions apply. Even more so because OP may herself have caused the situation by not caring about means to return when there was still time - it looks like she couldn't be arsed to bother when the borders were closed and flights back home were organised by the authorities.

While it's plausible to assume that ErrungenschaftsBeteiligung applies, you don't know whether that's actually the case, or GŁterGemeinschaft, or GŁterTrennung. Given that they appear to have married abroad (as per OP's sequence of events), an entirely different regime may apply, even including Islamic rules of divorce, perhaps subject to the filing spouse's choice and location.

In the case of GŁterTrennung (for examle) she gets nothing she didn't earn herself.

All that assumes of course that OP isn't trolling. Given the lack of information that seems increasingly likely.

Last edited by Urs Max; 04.07.2020 at 21:48.
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Old 04.07.2020, 21:45
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Re: Divorce remotely

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Wrong.

"You can get divorced in England or Wales if all of the following are true:
youíve been married for over a year
your relationship has permanently broken down
your marriage is legally recognised in the UK (including same-sex marriage)
the UK is your permanent home, or the permanent home of your husband or wife"

https://www.gov.uk/divorce

They're not resident in the UK, even if they are UK nationals - which I don't think is the case since the OP said they were both non-EU's and the UK is still in the EU atm.
ididn't say she's in the UK did I. I said it's important where they got married and what their nationality is and gave an example of the UK which is my example because guess what... that's what I had to go through...
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Old 05.07.2020, 11:28
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Re: Divorce remotely

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I really do not understand why it’s so many negative comments here and zero response related to the primary question. It seems to me that you having difficulty even to imagine how it’s to be a women that lost income during Corona (I used to organize events and retreats, that’s why I travel), stuck in a country of traveling, and then her full time employed husband demanded a divorce remote.
Perhaps because most people here have no idea what a "remote divorce" is. Never heard of that myself. I suppose you mean "from the distance" via a lawyer/someone who could represent your interests in Switzerland? Or just to be sent some forms/declarations you have to sign from where you are and send them back to your ex? Who could know what you're referring to here. Or your husband.

You husband's move is very tricky, practically forcing your hand to agree to a divorce. I think you don't really have to do anything he's asking you now, unless you too want it so. If you have savings together I suppose those can vanish before everything is settled so if you want a divorce thinking you'll have half of whatever....well. In the end it might be a lot less if he's "clever" enough.

I think you need professional advice. I think many people have really high expectations from a general expat forum.
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