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Old 31.03.2015, 15:15
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Husband leaving suddenly

Bit of a sticky one this. My husband and I have split and he's already left Switzerland to return to Australia. Before he left, he didn't complete any documents announcing his departure, so I'm left picking up the pieces. Thankfully, his footprint in Switzerland was virtually nil, apart from health insurance and his B permit - no bank accounts or anything else to cancel - so would it just be a matter of getting an attestation du depart?

Unfortunately, we're not on speaking terms at the moment, so really tricky, but I'm hoping he just needs to get the attestation and then I can cancel his health insurance and move on. Seems the attestation can be done online (thanks Ville de Nyon!), but not sure whether he needs to hand in his permit.

Anyone know or have any advice from a similar situation? Thanks heaps.
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Old 31.03.2015, 15:26
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Re: Husband leaving suddenly

What impact does it have on you if you don't do these? I mean, why do you bother?
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Old 31.03.2015, 15:32
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Re: Husband leaving suddenly

I see your point. However, at the moment, I'm paying his health insurance (I always did) - not something I want to continue doing - and the only way I can cancel it I think (and someone, please correct me if I'm wrong), is if they have the attestation du depart.

I could, of course, just not pay it and leave him in debt in Switzerland, but I'm not a vindictive person, and why make an already bad situation infinitely worse that might end up impacting on me anyway?
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Old 31.03.2015, 15:34
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Re: Husband leaving suddenly

Seconding Troublawsome - why are you taking care of your husband's stuff? I'd say that's legally his problem but as you're still married and neither legally separated nor divorced (?) it might be more complex.

Not wanting to be vindictive is one thing - but I'd say no matter if you want to pick up the pieces he left behind or not, ask the relevant authorities and the health insurance company about next steps for you and your husband because you won't want to end up in an even bigger pile of problems because you accidentally overlooked something. Probably best to call your commune and tell them what's up, then they can advise you on the full (!) scope of things your husband or you are required to do. Relying on the EF in this instance seems too risky IMO. Don't forget you might run into getting fined for something (or have something else happen) if things aren't done the way the commune/canton/insurance co. wants them done. So better play it safe and contact your commune/health insurance company.

Always remember - there's not being vindictive and there's being a doormat. Make sure this doesn't turn into the latter because your husband doesn't want to deal with things he is obligated to but won't "because my wife'll take care of it" - payments included.

Good luck.
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Old 31.03.2015, 15:48
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Re: Husband leaving suddenly

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I see your point. However, at the moment, I'm paying his health insurance (I always did) - not something I want to continue doing - and the only way I can cancel it I think (and someone, please correct me if I'm wrong), is if they have the attestation du depart.

I could, of course, just not pay it and leave him in debt in Switzerland, but I'm not a vindictive person, and why make an already bad situation infinitely worse that might end up impacting on me anyway?
You might need POA to announce his departure, I did when I announced my daughter's (but I had the POA). And yes, that is the only way to cancel the health insurance.

As you are married, those debts are also yours, and it will be a problem for you if they are not paid.

Tom
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Old 31.03.2015, 15:54
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Re: Husband leaving suddenly

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As you are married, those debts are also yours, and it will be a problem for you if they are not paid.

Tom
Possibly, possibly not. Most people/authorities are fairly sympathetic in such a situation even if they don't have to be. Do you have a formal separation agreement (something you've both signed)? If not, you might want to consider going to court and initiate the separation formally.
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Old 31.03.2015, 16:03
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Re: Husband leaving suddenly

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Possibly, possibly not. Most people/authorities are fairly sympathetic in such a situation even if they don't have to be. Do you have a formal separation agreement (something you've both signed)? If not, you might want to consider going to court and initiate the separation formally.
Separation is easily initiated - you need to go to your district's civil court for that (give them, filled in with your details, the last form on this page) and you don't need a lawyer to represent you. If you want a lawyer but can't afford one, and if you can't afford court costs, you can apply for the state to pay for your costs (for the time being, you will have to pay them back when you have enough money!) with the fourth/fifth form on the page I linked to a few lines up.

If you leave here without being separated or divorced, most likely Swiss authorities will consider you married and treat you as such no matter what Australia treats you as. I think to do this cleanly, irrespective of where you were married, you might have to get separated in Switzerland. I don't think you get legally separated in the way Swiss law defines separation by simply leaving Switzerland - which could have financial (and other) consequences.
To make sure you don't leave this country with the authorities considering you married while you consider yourself separated, please seek legal advice. The easiest way to handle the "will both countries consider me separated, I want to be considered so", IMO is getting legally separated by a civil court here in Switzerland.


Info re: separation and divorce

Separation
Regulates the time period left until your divorce, which can be 2 years, less or more.
It regulates the current situation, decisions made can be altered e.g. in a divorce procedure.

Divorce
Possible immediately if applied for jointly, if all issues are amicably solved by the parties.
Possible before 2 years of separation are up if the legal relationship between the parties - which marriage entails - is deemed unbearable for one party by the court.
Possible 2 years after separation (living separately required) if only one party wants the divorce.

Last edited by mirfield; 16.04.2015 at 07:47. Reason: Corrected typo as requested
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Old 31.03.2015, 16:35
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Re: Husband leaving suddenly

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Separation is easily initiated - you need to go to your district's civil court for that (give them, filled in with your details, the last form on this page) and you don't need a lawyer to represent you.
Yikes. This has suddenly got a lot heavier. If we were married in Australia, would I then still need something to say we were separated here in Switzerland? As far as I'm aware, Australia would consider us separated.

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You might need POA to announce his departure, I did when I announced my daughter's (but I had the POA). And yes, that is the only way to cancel the health insurance.
Sorry, what's a POA?
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Old 31.03.2015, 16:40
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Re: Husband leaving suddenly

POA is power of attorney.
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Old 31.03.2015, 16:44
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Re: Husband leaving suddenly

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As you are married, those debts are also yours, and it will be a problem for you if they are not paid.
Seconding what Tom said.

Or thirding... or fourthing..


I visited the health insurance company and they "split everything up" from the "date of departure".

Ask them about leaving the country. You may "only" have to give 3 months notice if canceling.. if you plan to keep paying at all.
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Old 31.03.2015, 16:52
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Re: Husband leaving suddenly

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I visited the health insurance company and they "split everything up" from the "date of departure".

Ask them about leaving the country. You may "only" have to give 3 months notice if canceling.. if you plan to keep paying at all.
Yes, it's date of departure that counts, not the date of notification.

My daughter left on the 7th, I notified at the end of the month (after she was sure that she wanted to stay in LA). The official date was backdated to the 7th, and the insurance that I had already paid for the following month was paid back once the insurance companies (basic and supplementary) had received original copies (and not just photocopies) of the leaving document produced by the commune.

Tom

Last edited by st2lemans; 31.03.2015 at 19:28.
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Old 31.03.2015, 19:15
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Re: Husband leaving suddenly

I think you should start with calling his insurance and ask them - we can give you some advice however the best go directly. I hope everything will be fine
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Old 01.04.2015, 15:44
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Re: Husband leaving suddenly

To cancel his health insurance all the insurer needs is a copy of his deregistration form which you receive from the local council/ kreisbureau. When you go there and mention that he has left the country - as his wife you can deregister him - you will receive the deregistration form. Send a copy of this to your health insurer and they will terminate his cover on the last day of the month of his deregistration - example he left on 15th March, insurance premium to be paid until 31st March. Good luck!
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Old 26.04.2015, 09:55
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Re: Husband leaving suddenly

One more thing: Your rent contract has been signed by both of you.

A car may need attention too, if you have one.

It's probably a good idea to ask your Gemeinde (Einwohnerkontrolle? Zivilstandsamt?) for things to consider, in all likelihood you're not the first to have that happen to so they may have some kind of checklist.
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