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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 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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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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So move your butt and look at it from the other side
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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, 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, 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 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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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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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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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, 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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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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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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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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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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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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