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Old 03.07.2020, 08:24
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Divorce remotely

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?
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Old 03.07.2020, 14:21
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Re: Divorce remotely

Welcome to the Forum. I'm sorry you're in this situation, and I don't know anything about remote divorce.

I'm wondering if it might not be too late to reconcile and if this was partly due to a misunderstanding of the rules?

As far as I know, anyone who has a valid Swiss residence permit is allowed to come to Switzerland and has been allowed to come since the beginning of the pandemic, just with quarantine rules. I don't know of any country that currently forbids all travel in or out for all persons for all reasons. Of course many flights were cancelled globally so the path home hasn't been easy, but where there was a will, there has been a way.

If you still insist on divorce, is there no way you can travel to be with family or friends for some support, wherever that is, even if you have to quarantine on arrival?
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Old 03.07.2020, 15:38
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Re: Divorce remotely

As the pandemic did not start two years ago, you are not separated long enough. Do you really both fully agree on this? If so, I don't know anything about remote divorce, sorry.

As long as you are married and not able to support yourself where you are, you husband must support you. But if he refuses, you will need a lawyer to push that through as you're not here.

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.....
As far as I know, anyone who has a valid Swiss residence permit is allowed to come to Switzerland and has been allowed to come since the beginning of the pandemic, just with quarantine rules. I don't know of any country that currently forbids all travel in or out for all persons for all reasons. Of course many flights were cancelled globally so the path home hasn't been easy, but where there was a will, there has been a way.....
This.
You were at all time able to return to Switzerland. In fact at the beginning the Swiss government collected people all over the world and flew them home (that has ended now).
So your story is a little strange to an outsider.
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Old 03.07.2020, 16:00
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Re: Divorce remotely

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As long as you are married and not able to support yourself where you are, you husband must support you. But if he refuses, you will need a lawyer to push that through as you're not here.
She's been frolicking around the globe for the past 6 months, I believe that he supported her enough.
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Old 03.07.2020, 16:05
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Re: Divorce remotely

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She's been frolicking around the globe for the past 6 months, I believe that he supported her enough.
It's not on us or her husband to decide, when it is enough. As long as they're married, the one with the money is responsible for both.

A word of advice: Best stay engaged for life.
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Old 03.07.2020, 16:06
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Re: Divorce remotely

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It's not on us or her husband to decide, when it is enough. As long as they're married, the one with the money is responsible for both.

A word of advice: Best stay engaged for life.
True indeed. The immediate "am I entitled to 50% of his savings" rubbed me the wrong way, is all.
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Old 03.07.2020, 16:19
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Re: Divorce remotely

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True indeed. The immediate "am I entitled to 50% of his savings" rubbed me the wrong way, is all.
Don't worry about it. She's not.
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Old 03.07.2020, 16:21
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Re: Divorce remotely

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Don't worry about it. She's not.
What, rubbing me the wrong way or asking about 50% of his savings?
In my opinion, she's both.
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Old 03.07.2020, 16:24
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Re: Divorce remotely

1. Is he willing to allow the divorce ?

2. Are the laws in your home country very different from Switzerland ?
3. As you are Non-EU, your L permit technically expired after three months, or B permit expired after 6 months absence. If you have a C permit you can leave and return longer than that.



Basically, you abandoned both your marriage and your permit.



The way I see it you have a few options:
1. Return to Switzerland, sort out your permit, give your marriage a chance or negotiate living arrangements in Switzerland.

2. Try to initiate divorce processes with your husband's agreement, in Switerland, handled remotely.
3. Initiate divorce proceedings from your home country.


The Swiss rules are very clear with rights and responsibilities in marriage. Yes, you have the right to claim certain allowances during separation and divorce.



In your home country, you may find a completely different situation regarding the divorce procedures.
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Old 03.07.2020, 16:28
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Re: Divorce remotely

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What, rubbing me the wrong way or asking about 50% of his savings?
In my opinion, she's both.
Entitled to it.
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Old 03.07.2020, 17:47
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Re: Divorce remotely

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She's been frolicking around the globe for the past 6 months, I believe that he supported her enough.
I never received had any kind of financial support from him, why is this even important? I was traveling to one country and stuck here trying to make some money on a flight back. When COVID started, they shut down the country and I asked The Swiss government to help but they said that they help only to their citizens. Meanwhile, he met someone else, and I am not welcome home any longer. Now I'm trying to understand how to move forward in the situation where I am.
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Old 03.07.2020, 17:53
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Re: Divorce remotely

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I asked The Swiss government to help but they said that they help only to their citizens.
What country are you in at present?
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Old 03.07.2020, 18:59
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Re: Divorce remotely

Doesn't sound as if the relationship was that strong to begin with if it can't survive 6 months apart.

I don't know if this helps at all, but it has some info on divorcing here.

https://www.ch.ch/en/divorce/

It seems it might be possible

"Note: If both of you consent to a divorce, you can only file for divorce in the place where you live if you have lived in Switzerland for at least one year. Otherwise, the petition for divorce must be submitted in the place where your spouse lives."

Contact the cantonal judicial office for more info and I'd also ask at the Swiss embassy/consulate if they have any info on this sort of situation.
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Old 03.07.2020, 19:29
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Re: Divorce remotely

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I asked The Swiss government to help but they said that they help only to their citizens.
There were situations like this in the UK too. British citizens were allowed onto repatriation flights, but their spouses/parents who had visas to live in UK but not permanent residence or citizenship were not allowed to board and families were split up.
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Old 03.07.2020, 19:36
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Re: Divorce remotely

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Basically, you abandoned both your marriage and your permit.
Could you please explain why you think the permit is abandoned?

As I read OP, the couple is still married and the husband still lives in Switzerland, and OP has a permit. It seems to me that, therefore, OP can return to Switzerland at any time (if there is a way of travelling here) and will immediately be allowed to enter Switzerland on the basis of the permit.

Maybe it doesn't matter, though, if OP actually chooses not to get the divorce sorted out in Switzerland.

OP, although, like others, I don't know much about remote divorce, my hunch, based on years of experience of Swiss administration, is that everything will be more difficult to achieve if you are outside of Switzerland than if you are here. In addition to all the divorce pages on www.ch.ch (linked to by Medea earlier in this thread) you might also get some advice from www.binational.ch.
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Old 03.07.2020, 19:51
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Re: Divorce remotely

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Could you please explain why you think the permit is abandoned?
Swisspea DID explain why they think so in the very post you decided to quote only that little part from.
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Old 03.07.2020, 20:51
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Re: Divorce remotely

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There were situations like this in the UK too. British citizens were allowed onto repatriation flights, but their spouses/parents who had visas to live in UK but not permanent residence or citizenship were not allowed to board and families were split up.
Please note that OP doesn't say when she contacted the embassy or whomever.

The Department of Federal Affairs' communique from April 24 says the below. These flights weren't the last, and as mentioned (western) European countries partnered with each other. It seems quite unlikely that OP couldn't have returned in time if she reacted as appropriate.
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[...] Thirty-three flights to Switzerland have been completed successfully, allowing 6950 persons stranded abroad, including 3974 Swiss citizens, to return home. The remaining 2976 passengers are citizens of foreign countries, two third European ones. About one third of these foreigners reside in Switzerland. At the same time, over 1500 Swiss nationals have returned home on flights organised by other countries.
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Could you please explain why you think the permit is abandoned?
If the foreign person leaves the country without informing the authorities (without de-registering according to Kt. Aargau) the residence permit lapses after 6 months. See for instance Aargau, IIRC Zürich says the same.

I believe the C permit provides some leeway in that it can be put on hold for up to two years, but that will require goodwill from the authorities.

Last edited by Urs Max; 03.07.2020 at 21:01.
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Old 03.07.2020, 21:29
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Re: Divorce remotely

Thanks, I've re-read Swisspea's post, and Urs Max' explanation, and I've understood it now. Thank you.
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Old 04.07.2020, 01:37
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Re: Divorce remotely

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As long as you are married and not able to support yourself where you are, you husband must support you. But if he refuses, you will need a lawyer to push that through as you're not here.
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!
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Old 04.07.2020, 01:43
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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!
Convince her the countries you travel in are a lot cheaper than if she had to support you in Switzerland.

Hey, I didn't start this thread. And it's actually about remote divorce, not primarily about financial support. And I wonder actually if this is possible. I know remote marriage is.
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