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English Forum Switzerland (https://www.englishforum.ch/forum.php)
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-   -   divorce- division of property (https://www.englishforum.ch/family-matters-health/4532-divorce-division-property.html)

daphne 05.03.2007 02:00

divorce- division of property
 
Hello! I am married, have no children and I am currently holding a job. I am trying to reach into an amicable divorce with my husband but he is continously making threats that if I do not agree with his offer ( which is about a 5% of the 50% I thought I was entitled to)I will not receive a penny because he has moved all our savings to another bank in Switzerland or abroad. Furthermore, although he makes five times what I make, he has explained to me that he has documentation supporting that he was not able to save money during our marriage.

In other countries like in the US, I know it is not so easy to hide absolutely all your cash and lie on your expenses, here it seems it is not the case. I have a lawyer but he advices that is hard here for a woman with a job to get any of the savings accumulated through the marriage and that only 50% of the pension is a secured thing.

Can somebody give me advice? I feel terribly abused by my husband and I don t know if I should fight for what I think is right or just put it all in the past . Somebody married with no children that went through a divorce in Switzerland can give me their advice?. I will really apreciate it!!

Richard 05.03.2007 08:36

Re: divorce- division of property
 
Quote:

Originally Posted by daphne
Hello! I am married, have no children and I am currently holding a job. I am trying to reach into an amicable divorce with my husband but he is continously making threats that if I do not agree with his offer ( which is about a 5% of the 50% I thought I was entitled to)I will not receive a penny because he has moved all our savings to another bank in Switzerland or abroad. Furthermore, although he makes five times what I make, he has explained to me that he has documentation supporting that he was not able to save money during our marriage.

In other countries like in the US, I know it is not so easy to hide absolutely all your cash and lie on your expenses, here it seems it is not the case. I have a lawyer but he advices that is hard here for a woman with a job to get any of the savings accumulated through the marriage and that only 50% of the pension is a secured thing.

Can somebody give me advice? I feel terribly abused by my husband and I don t know if I should fight for what I think is right or just put it all in the past . Somebody married with no children that went through a divorce in Switzerland can give me their advice?. I will really apreciate it!!

All is not as bad as it sounds... Firstly you are entitled to 50% of his pension fundS note you are entitled to 50% of AHV/BVG(LPP)/3rd Pillar.

Then if he has been so kind as to have moved the money from an account to another then he has left a trace and your lawyer can follow that or at least ask the court to and he is left to explain why he should have all of it. I would suggest asking for 25% take it or fight. Thereafter the courts are likely to be more favourable than when a woman (or man if the boot was on the other foot) wants all they are "entitled" to. If your lawyer is not so keen to follow this route I would suggest going and getting another who is also female. They tend to have more of an interest...

daphne 06.03.2007 01:22

Re: divorce- division of property
 
Thanks Richard! He took all the money away from the bank cash..so there is no trace to follow. My lawyer told me that in Switzerland if he says he spent all his money the judge could ask for proof but if he does not provide for one, the judge would not insist. It would be for me to proof where it is and there would be nothing to do as each Swiss bank operates like a country in itself, no way of knowing where the money is.

I agree may be a woman lawyer might be more helpful, I will contact one. Is there any way I could find out how much there is in the 3ieme pillier?

Thanks again!

jamaicanRUM 06.03.2007 06:26

Re: divorce- division of property
 
Quote:

Originally Posted by daphne
He took all the money away from the bank cash..

Wow! Either you were really bad to him or he is one mean m***** ****r

If I ever seperated (never gonna happen LOL) then I would combine our money and divide it by 2. Hell I would actually give more to my partner (cause I love her :-). Only situation where I would not do that is if she cheats on me :D
I would get a female lawyer as well :)

lala 06.03.2007 12:35

Re: divorce- division of property
 
Oh I hope you don't back down so easily. If I was in your situation I would probably fight for my right, especially if the difference between 5% and nothing is not that huge. Then I'll prefer to have nothing than the pittance by my down-and-dirty ex-husband.

I wish you all the best.

Joanne 21.03.2007 11:29

I need a good lawyer
 
Hi,
I'm getting a divorce and I'm looking for an English speaking woman lawyer, would anyone know of a good one please.
Thanks
Jo

Lob 21.03.2007 11:33

Re: I need a good lawyer
 
place to start: http://www.swisswiki.ch/index.php/Divorce

Richard 22.03.2007 07:37

Re: divorce- division of property
 
Quote:

Originally Posted by daphne (Post 40743)
Thanks Richard! He took all the money away from the bank cash..so there is no trace to follow. My lawyer told me that in Switzerland if he says he spent all his money the judge could ask for proof but if he does not provide for one, the judge would not insist. It would be for me to proof where it is and there would be nothing to do as each Swiss bank operates like a country in itself, no way of knowing where the money is.

I agree may be a woman lawyer might be more helpful, I will contact one. Is there any way I could find out how much there is in the 3ieme pillier?

Thanks again!

Sorry for the tardy reply... I have no time these days. The 3ieme pillier - a judge will ask him and he must provide the answer that one is simple. The recovering cash trick is not so easy - here he can argue I went to the casino and blew it all in. He only needs to have the slip to say I cashed in cash for chips - old trick works in most countries but and here is the big but - it is so well known that any self respecting judge will look very carefully at all the documents presented and make his life hard.

WokSz 03.04.2007 04:52

Re: I need a good lawyer
 
Quote:

Originally Posted by Joanne (Post 44654)
Hi,
I'm getting a divorce and I'm looking for an English speaking woman lawyer, would anyone know of a good one please.
Thanks
Jo

Google search for Law firms in Switzerland and you will find plenty. If you're willing to spend cash, you'll find as many as you want! (I'm on in the making ;))


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