Divorce in Portugal vs Pillar 2 Pension

Family, Education, Health and Pets
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Hi there. 1st time posting. :blush:

My ex and I were married in community of property in South Africa. 3 kids and 18 years later, and after 4 years living in Switzerland, we are divorcing (in Portugal).

  • He now lives in Portugal with our 3 kids.
  • I work in Geneva but spend 12+ days per month in Portugal with my kids.
  • Switzerland is my fiscal residence, but Portugal is my primary residence (the company holding my Pillar 2 pension determined this and I was thus able to withdraw from my Pillar 2 for the purchase of a primary residence in Portugal).
  • The divorce decree in Portugal will state that my pension sum is mine alone (pension is considered as my savings in Portugal and does not automatically get equalised like it does in Switzerland).

Question: Could it be that when I submit the divorce decree to the Swiss pension that they will require that the pension be equalised (half to him), even though all has been agreed to in a Portuguese divorce decree?

Thank you!!

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29 views and not one reply: guess you know by know that this is a question for a lawyer.

One thing is for sure: Before you even approach the Swiss pension you need to have all relevant documents translated into French (in your case as you’re in Geneva) AND notarially certified!
That may be enough as they might just accept that the divorce was settled abroad and it can be done without a lawyer.
After that you will be registered as divorced and it’s all yours anyway.

Don’t even try to start procedures without those documents in French or it will be an endless procedure.

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For questions like that each person’s situation is different to another, and I think it is 100% worth talking to a lawyer. A lawyer here typically is around 400 chf per hour, but I think 1 hour is more than enough in your case. He would advise on the law and also what documents to produce / translate / if any to the pension fund and what to expect to happen. Given how much is at stake, it is money well spent…

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Lowcost legal consultation Geneva

The consultations are given by lawyers admitted to the Geneva Bar and can be held in French, English, Spanish, Italian, German or Portuguese.

The consultation lasts 30 to 45 minutes and costs fr. 60.-

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