Affidavit for Legal Separation

Family, Education, Health and Pets
1
Hi All.

I'm currently applying for a Canadian residency visa, and have been told I might need an affidavit proving my Legally Separated status. I'm confused and need advice. Background: I was living in the UK (as an African expat) with my wife and 2 kids until Dec. 2009, when she went back to Africa with the kids. We were having marital difficulties. Shortly after, I was offered a job in Lausanne and moved to Switzerland. I registered myself as married (submitted copies of marriage certificates, spouse name, etc) at the Canton. However, my wife or kids never landed in Switzerland or got a Swiss visa. As is usually the case, the 'trial separation' did not work out, and I discovered last year she was having an affair with a colleague, so we agreed to divorce. Meanwhile, I had a pending application for Permanent Residency with Canada, with her and the kids as my dependants. I would like to remove them from the application, first just for convenience, and second because obviously we won't be going to Canada as a family any more. I'll be going alone. We have not gone through the divorce, as I would like to complete the Canadian process first, to avoid submitting new paperwork, etc, etc. I would just like to inform them that I'm 'Legally Separated'. I've been told that to support this assertion to them, I should get a sworn affidavit from here in Switzerland. This raises some questions. Please help me clarify: Does anyone know if I really need an affidavit? Or is it enough just to write a letter saying 'Change my status from married to Legally Separated'? If I do, how do you get an affidavit in Switzerland (specifically for this issue)? Do you have to go to court to swear your status, or to a Notary Public? If to a Notary Public, will he require any supporting evidence from the Swiss legal system? I mean, is there anything I need to do to change my official status from Married to Legally Separated as far as Swiss law is concerned? bear in mind my wife has never been to Switzerland nor was granted a Swiss visa. I would definitely like to keep our separation/divorce proceedings out of Switzerland and Europe in general. Divorcing in Africa is much more favourable to me and is my eventual plan (she has basically no rights there, vs. the rights she would have divorcing in Europe), so if I do need some sort of official confirmation of my status, how can I ensure I don't start a process that will end up favouring her, in terms of financial benefits, etc. Thanks for your help.

2
Well I guess the question is.. Are you legally separated?? Have you declared this anywhere? UK or CH? Or are you actually just still married and living apart?

3
Hi,

I think the quickest and easier way for you, is to get a divorce in Africa first, and when you have the divorce's decree then you can proceed with your canadian stuffs. Things here in Switzerland are so complicated.

4
Thanks for your reply, but I would appreciate clarification on the questions I asked. My Canadian process is only weeks away from completion, and getting a divorce now is only going to complicate and lengthen the process. All I want is to change my status on the application.

5
That is what I am asking. What does declaration involve, and what are the implications. As I said, we have been living apart for 4 years, but still legally married. Nothing else has been done.

6
I believe in Switzerland to be legally separated, you have to declare this to the authorities... (I don't know how or who as I've never done it). If this has not been done, then to Switzerland you are not legally separated, you are just living in different countries and I doubt they will provide you with the affidavit.

You need to find out how to become legally separated. I'm sure someone on here must have been through the process.