EHESCHUTZ?? What does this mean?

Family, Education, Health and Pets
1
Hi,

I have 2 questions:

1. What does EHESCHUTZ mean? I tried to google translate but it seems to be a Swiss word.

2. Are you allowed to have another person e.g. family member with you during court proceedings? My lawyer has never mentioned what is/not protocol?

Thanks for any help given

2
Eheschutz does appear to be a Swiss legal term.

http://www.gerichte.sg.ch/home/diens...eheschutz.html

This is a process / procedure where with or without involvement of a judge the couple decide to live apart while determining how to continue the marriage.

3
So basically just the filing of legal separation then?!?

Thanks for clearing that up for me.

4
Living apart, not filing divorce, with the goal of reconciling. That's what it sounds like to me.

5
Thats exactly what it is. It used to be with the goal of a reconcilliation but now its more a preperation for Divorce. Basically the courts will decide on the following if one partner asks them to:

1. Allimony

2. Child Support

3. Custody

4. Seperation of Finances

5. Seperation of Household ie who gets the CD's etc etc and who gets to live in the house/flat

Don't worry about it, I know thats easy to say but in the long run it makes a future divorce much easier and reduces fights over all the above issues... or should do...

Either way, we're here to give you a virtual shoulder to lean on...

6
Yep - all of the above is correct. As I'm currently doing all of the above it makes a lot of sense to try and keep both parties well catered for without throwing money into the lawyer's golf fund. Once the Eheschutz is established, there is basically nothing to stop a divorce judge grant a fairly expeditious divorce because all of the nitty gritty details have already been taken care of. It's a good idea to do this when both parties are in agreement without some 3rd party waiting in the wings.

(BTW - dividing the CD collection up is far easier than you could imagine; most women won't object to parting with Dream Theater discs, and she can keep the Simply Red stuff...)

7
Thanks Lynn & Rabina - it seems I have ended up being that few % that get a bum wrap in these situations. I have been left fighting financially to survive with a young child (day care costs etc so I can work to pay my lawyer as my ex is prolonging the situation!)

I agree splitting of the CD/DVD's was easier than I thought. Actually, in order to get as far away from this person as possible I (stupidly & inaccurately advised by my previous lawyer that I couldnt afford to run the house myself therefore I should leave!!) I left the house, he kept the furniture everything. He, god bless him, gave me a pultry 15,000 to start a new life with (for me and my then 2 yr old). And even after discussin legal aid with this lawyer he took over half this amount - needless to say I have had the on-going struggle and NOT my poor one-day-to-be ex husband.

Here is a link to the SWISS CIVIL CODE that maybe helpful to anyone married and getting divorced in Switzerland:

www.servas.org/siexco/images0/07/The_ Swiss _ Civil _ Code _in_English.pdf

Additional info for those interested:

Having given and agreed to everything possible, but giving up my child to this man, we are still NOT divorced. It is been TWO long hard years! I have to return to Zurich this week for another FARCICAL round in the court.

To anyone (non-swiss) wishing to get married in CH BEWARE of what you are getting yourself into. Or rather what you may (unfortunately) have to get yourself out of in future!

In my current experience the "Swiss legal system for divorce" has been based on providing our bankstatements of the time we got together and the legal date of separation & not hard facts. Relevant evidence was not submitted as my lawyer deemed it not pertinent! (sms'/emails threatening to keep my child and that he would lie to police about it etc etc). I won't even go into the translators translations & nodding off during the proceddings : )

A couple of unknown factoids also: The title of "judge" can be given to someone who is not from a legal background but a well known/thought of person in the community!! The "court" is usually a large office - so be prepared to be in close confines of you ex-to-be. The British Embassy CANNOt help in these matters - as nice as they have been You do NOT have to be "sworn in" therefore if your ex-to-be decides to lie he can & will Good luck to anyone having to deal with divorce in North Switzerland (I don't know the situation in Southern CH)

8
One question still remains:

Is there a viable/accepted English translation of this term?

or of this one

"die eheschutzrichterliche Instanz"

Thanks in advance to all.

9
I think it's best to translate literally if there's no equivalent in English speaking countries, so that would be "marriage protection (procedure)".

Eheschutzrichterliche Instanz is the body/court responsible for Eheschutz court cases.

10
Hi Nathu

Thanks for the response.

As you say, since there's no obvious equivalent, the easiest solution is to give a straight translation. In our case, however, a simple translation would appear to create more problems. "Protection" from what? From being informed that it was all a joke and that you're not really married after all? As for your kids, they are ...

To show what I mean: "cooling-off period", "time for reflection", "period of separation", "pre-divorce phase", "trial separation" and similar phrasings all appear to be involved.

I'll keep digging and listening. Perhaps someone will come up with something.

Regards

fredsl

11
fredsl - I think the original intent of "Eheschutz" was to protect the marriage from divorce by providing for a time-out / cooling-off period ... it seems that now the use has changed towards a sort of pre-divorce phase. Just my interpretation ...

12
The original intention is family protection. The "active/aggressive" spouse might be behaving detrimental to the "passive/defensive" spouse and offspring. In such a situation, the affected spouse appealed to the family court "Eheschutz" to protect the family interests. The family court convenes at very short notice. This court can force the aggressive spouse to desist from violence, pay alimony, etc., pending divorce or other judgements in a regular court.

13

That's correct. These days the "Eheschutz" serves mainly the purpose of establishing a provisional regime for the interim period between the seperation and the divorce.

E.g. Who gets the appartment? Who gets provisional custody of the children? What amount of alimonies have to be paid?

It's also important to know that this provsional regime normally predetermines the final settlement between the divorced couple.

14
Hi Calvin

Thanks for distilling all the previous useful responses. Your last sentence also adds a little more to the issue.

fredsl

15
Sound like marriage protection.and does anyone know a good one??? Thanks in advance.