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Old 27.11.2008, 16:52
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Divorce For Australians in Switzerland

Not the most happiest of threads but some information/help needed nevertheless. Would anyone know if a couple (both Australian citizens and married in New South Wales, Australia) can divorce through the courts here in Switzerland, or do we have to make the divorce in Australia?

Any help appreciated.

Thanks
Spike
  #2  
Old 27.11.2008, 17:01
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Re: Divorce For Australians in Switzerland

Me and my X (I'm USA, she's CH) married in the States but divorced in Switzerland. Unless Australia's got some weird treaty with Switzerland I don't see why you can't divorce here as well..
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Old 27.11.2008, 17:04
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Re: Divorce For Australians in Switzerland

I know of two non-EU citizens ( Australian and Malaysian ) resident in Zurich as husband and wife who got their divorce done within 12 months.

Also please read: http://www.binational.ch/en/fragen/trennung.html
and
http://www.ch.ch/private/00029/00034...x.html?lang=en
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Old 27.11.2008, 17:33
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Re: Divorce For Australians in Switzerland

Thanks guys for your comments. I'm trying to avoid the possibility of going through route one with Swiss lawyers only to be told later than I need more lawyers to go through the Australian courts!

How do you give a 'Thanks' for comments?

Thanks again.
Spike
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Old 27.11.2008, 17:37
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Re: Divorce For Australians in Switzerland

Thanks / Groan - see this post: Second hand phones?!?!
  #6  
Old 27.11.2008, 17:38
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Re: Divorce For Australians in Switzerland

Me originally from the UK and my Ex from here too, got married in the UK, also got a divorce here and it was easy and painless.
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Old 27.11.2008, 19:57
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Re: Divorce For Australians in Switzerland

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Thanks guys for your comments. I'm trying to avoid the possibility of going through route one with Swiss lawyers only to be told later than I need more lawyers to go through the Australian courts!

How do you give a 'Thanks' for comments?

Thanks again.
Spike
Give the Australian embassy a call and ask them if they accept a Swiss Divorice, that should give you the answer.

Jim
  #8  
Old 28.11.2008, 11:31
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Re: Divorce For Australians in Switzerland

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Me originally from the UK and my Ex from here too, got married in the UK, also got a divorce here and it was easy and painless.
I wouldnt quite say it was a painless process, but more of a costly one.

But then again, depends on how amicable the divorcing parties are.
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Old 28.11.2008, 12:47
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Re: Divorce For Australians in Switzerland

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I wouldnt quite say it was a painless process, but more of a costly one.

But then again, depends on how amicable the divorcing parties are.

Very amicable for both us, life is too short to carry around unneccesary mind stressing bagage
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Old 28.11.2008, 17:38
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Re: Divorce For Australians in Switzerland

Thanks for your comments and advice. Hopefully it will go through quickly and calmly. My wife is actually a decent person. The only problem is she is being manipulated by her new 'partner'.

It's just trying to work things through with her at the right moment when she is being herself.
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Old 30.07.2009, 05:09
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Re: Divorce For Australians in Switzerland

Not sure is this is still pending,

However, for others too, divorce is always at your place of (ether one) residency, also their residential (country) rule apply.
It is not a choice of country of convenience!

There are some countries, like Dominican Republic, where divorce on agreement can be done in short time, You'll receive a one day residence permit, and on this day the divorce is made. Some countries require by law a lawyer, some countries, like the Netherlands, do not. There you simply apply for a court time slice, talk with the judge that you don't want anymore and 5 minutes later you're (almost) divorced.

If you have children, then the case is likely different as ether one of the party will try to receive parental control or try to get some financial gain.

Like a marriage, a divorce has to be registered in the country of origin. Failing to do so will result that you later can NOT file for marriage as for them (the authority) you will be still married. This could take several weeks or months. In some countries you're automatically again married if you don't file the divorce within 3 months. Be aware!

Note, that if your spouse depend on the partner for the residence permit (non-EU), with the divorce the residence permit i.e. for Switzerland could become obsolete and he/she needs to file ether a new application or leave the country .

In case you file for divorce in a foreign country, then the translated (and at best, notarized divorce agreement) from the civil court should be forwarded to your embassy (they know the local used forms and certify that this forms are authentic).

So again
Two Swiss living Italy, the divorce falls under the jurisdiction of Italy and NOT Switzerland. You could try to file it by Swiss court but I think with not much success.

If two Americans living in Switzerland, then Switzerland is in charge and not the US.

If two Swiss are married, one living in Switzerland and one in Austria, you could file it ether or, but you can not file it at both places or change it that easy later. Usually where it is file it first, this is the country where it has to be finalized.

If a Swiss is married to an American, the Swiss lives in Germany and the American in Australia then ether Germany or Australia are the place to file the divorce.

Note, in some countries the other party has the right to refuse the divorce declaration and then you first have to file an over ruling of this law, and this can take time!

A divorce is always better off in peace then with fight. Lawyers always cost money, big money and don't ever think they are your friends or your pit bull you can unleash at will.

He calls your opponent by first name and drinks later a beer with him. They are friends with each other, not with you. And if barrister has to pay his Mercedes off and the other for the education of his daughter or pay back his mortgage then think where the money is coming from...

They doing a job, and nothing else. You're a customer, forgotten after the bill is paid.

I know, a lot of people think when a relationship fails then you have to trow as much dirt as you can, but at the end you loose both - and I am talking from experience here!

Have an attorney to make sure everything goes lawful and to protect your rights, that's OK. BUT never ever think of him/her as your weapon.
  #12  
Old 30.07.2009, 15:42
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Re: Divorce For Australians in Switzerland

Hi Caribeangeorge

Thanks for your comprehensive response which will be useful for a number of EF members. Actually I did end up getting divorced in Australia last week. My, now, ex-wife and I both still live here in Switzerland and neither of us had to attend the hearing (only her solicitor).

You are right about the legal costs. I have said this to my ex-wife a number of times that we have to be good to each other and, to be fair, she generally is a good person. The only problem is if you have another party trying to manipulate the situation!!

Thanks again.

Spike
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Old 30.07.2009, 18:47
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Re: Divorce For Australians in Switzerland

Yeah right, then how come I got a quickie divorce in Australia, as a resident of Switzerland? I decided to do it back home when I found out what a cuffuffle it is to get it done here. It was much more convenient, (filled out the on-line forms with my ex here and used my sisters address) in Australia. It was cheaper, I mean it costs virtually nuthin, and a hell of alot quicker, all done and dusted in three months and I didn't even have to appear in court. Admittedly the swiss authorities went apoplectic when they saw the finalised divorce papers, but what could they do?
And I didn't have to employ some leach I mean divorce attorney.
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Not sure is this is still pending,

However, for others too, divorce is always at your place of (ether one) residency, also their residential (country) rule apply.
It is not a choice of country of convenience!

There are some countries, like Dominican Republic, where divorce on agreement can be done in short time, You'll receive a one day residence permit, and on this day the divorce is made. Some countries require by law a lawyer, some countries, like the Netherlands, do not. There you simply apply for a court time slice, talk with the judge that you don't want anymore and 5 minutes later you're (almost) divorced.

If you have children, then the case is likely different as ether one of the party will try to receive parental control or try to get some financial gain.

Like a marriage, a divorce has to be registered in the country of origin. Failing to do so will result that you later can NOT file for marriage as for them (the authority) you will be still married. This could take several weeks or months. In some countries you're automatically again married if you don't file the divorce within 3 months. Be aware!

Note, that if your spouse depend on the partner for the residence permit (non-EU), with the divorce the residence permit i.e. for Switzerland could become obsolete and he/she needs to file ether a new application or leave the country .

In case you file for divorce in a foreign country, then the translated (and at best, notarized divorce agreement) from the civil court should be forwarded to your embassy (they know the local used forms and certify that this forms are authentic).

So again
Two Swiss living Italy, the divorce falls under the jurisdiction of Italy and NOT Switzerland. You could try to file it by Swiss court but I think with not much success.

If two Americans living in Switzerland, then Switzerland is in charge and not the US.

If two Swiss are married, one living in Switzerland and one in Austria, you could file it ether or, but you can not file it at both places or change it that easy later. Usually where it is file it first, this is the country where it has to be finalized.

If a Swiss is married to an American, the Swiss lives in Germany and the American in Australia then ether Germany or Australia are the place to file the divorce.

Note, in some countries the other party has the right to refuse the divorce declaration and then you first have to file an over ruling of this law, and this can take time!

A divorce is always better off in peace then with fight. Lawyers always cost money, big money and don't ever think they are your friends or your pit bull you can unleash at will.

He calls your opponent by first name and drinks later a beer with him. They are friends with each other, not with you. And if barrister has to pay his Mercedes off and the other for the education of his daughter or pay back his mortgage then think where the money is coming from...

They doing a job, and nothing else. You're a customer, forgotten after the bill is paid.

I know, a lot of people think when a relationship fails then you have to trow as much dirt as you can, but at the end you loose both - and I am talking from experience here!

Have an attorney to make sure everything goes lawful and to protect your rights, that's OK. BUT never ever think of him/her as your weapon.
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  #14  
Old 30.07.2009, 21:09
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Re: Divorce For Australians in Switzerland

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Yeah right, then how come I got a quickie divorce in Australia, as a resident of Switzerland? I decided to do it back home when I found out what a cuffuffle it is to get it done here. It was much more convenient, (filled out the on-line forms with my ex here and used my sisters address) in Australia. It was cheaper, I mean it costs virtually nuthin, and a hell of alot quicker, all done and dusted in three months and I didn't even have to appear in court. Admittedly the swiss authorities went apoplectic when they saw the finalised divorce papers, but what could they do?
And I didn't have to employ some leach I mean divorce attorney.
Out of curiosity, why would the Swiss officials have gone ballistic because you were divorced in the country of your citizenship?
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Old 31.07.2009, 10:43
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Re: Divorce For Australians in Switzerland

Ditto

I'd be interested to know what I might be up for!!!
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Old 31.07.2009, 11:37
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Re: Divorce For Australians in Switzerland

The first arguement was that the Swiss ex may have lost some rights somewhere along the way, but as it was so amicable between us this wasn't an issue.
Then they claimed that it would need to be verified, which brings me to my tip for divorcing in Australia,; try to have the divorce papers taken to a Swiss embassy and have them verified whilst they are still in the country! I had the feeling it was just a matter of getting a couple of Swiss stamps on it to make it more acceptable. Not to mention the fee one pays for these stamps, it's all revenue .
But in the end, a divorce is a divorce and there was really nothing they could do but accept it!
Oh yeah, we were married in Australia, which is what I used in my defence, I wanted the divorce from there too.
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Old 31.07.2009, 22:10
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Re: Divorce For Australians in Switzerland

I think the way it works is that you generally are divorced in the country of residence.
However, in most western countries, you can also file for divorce in your country of citizenship.
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Old 27.03.2012, 08:48
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Re: Divorce For Australians in Switzerland

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Not sure is this is still pending,

However, for others too, divorce is always at your place of (ether one) residency, also their residential (country) rule apply.
It is not a choice of country of convenience!

There are some countries, like Dominican Republic, where divorce on agreement can be done in short time, You'll receive a one day residence permit, and on this day the divorce is made. Some countries require by law a lawyer, some countries, like the Netherlands, do not. There you simply apply for a court time slice, talk with the judge that you don't want anymore and 5 minutes later you're (almost) divorced.

If you have children, then the case is likely different as ether one of the party will try to receive parental control or try to get some financial gain.

Like a marriage, a divorce has to be registered in the country of origin. Failing to do so will result that you later can NOT file for marriage as for them (the authority) you will be still married. This could take several weeks or months. In some countries you're automatically again married if you don't file the divorce within 3 months. Be aware!

Note, that if your spouse depend on the partner for the residence permit (non-EU), with the divorce the residence permit i.e. for Switzerland could become obsolete and he/she needs to file ether a new application or leave the country .

In case you file for divorce in a foreign country, then the translated (and at best, notarized divorce agreement) from the civil court should be forwarded to your embassy (they know the local used forms and certify that this forms are authentic).

So again
Two Swiss living Italy, the divorce falls under the jurisdiction of Italy and NOT Switzerland. You could try to file it by Swiss court but I think with not much success.

If two Americans living in Switzerland, then Switzerland is in charge and not the US.

If two Swiss are married, one living in Switzerland and one in Austria, you could file it ether or, but you can not file it at both places or change it that easy later. Usually where it is file it first, this is the country where it has to be finalized.

If a Swiss is married to an American, the Swiss lives in Germany and the American in Australia then ether Germany or Australia are the place to file the divorce.

Note, in some countries the other party has the right to refuse the divorce declaration and then you first have to file an over ruling of this law, and this can take time!

A divorce is always better off in peace then with fight. Lawyers always cost money, big money and don't ever think they are your friends or your pit bull you can unleash at will.

He calls your opponent by first name and drinks later a beer with him. They are friends with each other, not with you. And if barrister has to pay his Mercedes off and the other for the education of his daughter or pay back his mortgage then think where the money is coming from...

They doing a job, and nothing else. You're a customer, forgotten after the bill is paid.

I know, a lot of people think when a relationship fails then you have to trow as much dirt as you can, but at the end you loose both - and I am talking from experience here!

Have an attorney to make sure everything goes lawful and to protect your rights, that's OK. BUT never ever think of him/her as your weapon.
I understand this is an old post - I have a problem now trying to get divorced. Got married in Australia, we are both Australian citizens. Ex moved to Switzerland, I am in Australia now. Have been separated for 2 years.
I have filed for divorce here, need to get documents served on spouse. He has to sign acknowledgement of service but I know he probably wont just to be difficult. In that case, the friend serving the documents needs to sign the affidavit of service and have someone witness it and sign it, that will be recognized in the australian courts. Can someone please help? Who can witness such a document in switzerland? Ex is in region of Vaud.
  #19  
Old 27.03.2012, 09:52
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Re: Divorce For Australians in Switzerland

Main thread in answer to previous question here: Urgent divorce help
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