It has been referred to as the happiest moment in ones life, marriage can truly be a memorable occasion at the same time many marriages end in shambles because of major problems. In this blog we would like to answer a host of mind boggling questions about the procedures to follow when filing for marriage or divorce in Switzerland.
Filing for Marriage
In order to file for marriage there are specific requirements you must meet, these requirements entail that you must both be over 18 and must be a lawful resident in Switzerland at the time of marriage. You might not be allowed to get married if either of you is already married or in a registered partnership, and if you are closely related. In order to proceed with the marriage you will need to submit a marriage application form to the civil register office.
The registrar will ask for specific forms to be submitted, you must both declare before the registrar that you meet all the requirements. When all the legal proceedings have been finalized, the register’s office will examine your application and inform you in writing if the marriage can take place.
Civil Ceremony Procedures
When you have received the authorization to get married, the ceremony can take place ten day at the earliest and three months at the latest. You may get married at your local church only after the civil ceremony has taken place. The civil ceremony is public and takes place at the registers office; two adult witnesses with capacity to consent must be present along with the bride and groom. Upon completion of the ceremony you will be given your family record document. The average fees for the civil ceremony ranges from CHF 300 to CHF 400, additional fees may apply in case of special requests.
When all the legal proceedings have been finalized, you must inform the authorities including tax authorities, bank and insurance entities of your new civil status. Additionally, if you change your name that will need to be updated on all the relative documents i.e. on passports, identity cards, drivers license etc.
Filing For Divorce
When both spouses want to divorce they must file a joint application. The application does not usually specify the need to explain the grounds for divorce. Both spouses must make an agreement on how they will deal with the consequences of the divorce. The agreement must be outlined before a notary; it usually outlines basic information such as child custody, maintenance payments, division of property along with assets and legal payments.
When both spouses sign the petition they must then present it to the court. A few courts provide printed forms but you can also write a letter that petitions the court for a divorce. Depending on your circumstances you might need to provide additional documents along with the petition, the court will usually inform you of the required documents. In cases of child custody the court will settle the rights and obligations of the parent, along with the child support contribution. The court will decide whether to give joint parental responsibility or sole custody.
FERZ SA will explain your legal rights and privileges our team will guide you through marriage and divorce applications and clarify any hurdles you might encounter.