I have been married to my ex since August 2006, we separated in October 2015 (legally separated and she left CH in April 2016) and our fiscal declarations were separated from 1 jan 2016. Our divorce agreement was signed in August 2016 and declared in CH court in 2017.
We had shared matrimonial property regime and were both employed. One child together. In the Divorce Agreement we stated that we refuse to claim spousal maintenance (because judge pointed out that there are no grounds) and we shared our pensions as per the Swiss law. We also agreed to child maintenance which I am paying each month. This was officially - unofficially I gave large pot of savings to my ex wife in order to start a new life and that we avoid future quarrels. This would not be approved by a Swiss judge if it was a part of the agreement as one spouse would benefit more than the other and life standards post divorce would be unproportionate. Due to high earnings of both judge was not so compassionate towards us and said literally to my ex wife “you will be just fine”
Unfortunately life did not turn as my ex wife expected and she was not happy where she moved and she is not happy with her current partner. She became very bitter and demanding.
I on the other hand have remarried and had twins.
My ex wife is now claiming anticipated inheritance and a contract that she will be included in my inheritance plan through widows pension.
My lawyer said she has no right to this and that only person that can benefit is our mutual child that soon will be over 18 (and I am still alive 😊
I gave her all I could post divorce, even more that was suggested by law and now I would like to have another chance to live in peace. Not only have I started to think about my death (thanks to her) but I am also concerned that she will do everything to strip my current wife and children of any benefits if this happens.
She will get widow's pension from the Swiss government (AHV) if you live here. This happened to the ex and wife of a lated friend, as the ex got it but the late wife did not, as he had been married with the ex 10+ years, but his late wife less than five. Had they been married 5+, both would have got it.
However, she is not entitled to any part of the inheritance, unless you are not Swiss or Swiss resident and other countries' laws come into play.
Under Swiss law, a divorced ex-wife has no claim whatsoever on her ex-husband’s estate. Assuming you’re not (just) Swiss, other citizenship could make this more complicated. Your lawyer should know or find out.
Regarding your first daughter: take this as an opportunity to write a will defining her role/share of your estate in parallel to your new family. As an aside: once she comes of age at 18, you will no longer be able to deduct your monthly maintenance payments in your tax declaration – even if your remittances continue until she has concluded her apprenticeship or university.
- your weak point is your child from your first marriage. Be aware that your ex-wife my use him/her as a negotiating tool and may try and turn them agains you.
- be sure to separate your current wife’s assets from yours. You can draw up a simple list of what you both brought into the marriage and both sign, place and date it.
Swiss inheritance law means your children are entitled to 25% of your estate (from Jan 2023). Your ex could try and make this include your second wife’s assets to.
So I literally was scr*** over. Because I was told that if I split my 1st and 2nd pillar with my ex wife, and she has no spousal maintenance granted by the court in our divorce agreement - the only thing she can claim in case of my death is child benefit for our mutual child if he is under 18 years or under 25 but still in school.
I understand that as far as succession law goes, my estate will be split between my current wife and my 3 children (two from this marriage and one from previous one) by 50% to my current wife and remaining 50% between current wife and 3 children.
What I was shocked about is the pension (1st and 2nd pillar) in case of my death. How come she can claim widow’s pension as ex wife when I already split it with her for the duration of our marriage and was not ordered to give her spousal maintenance.
If you were screwed over, at least not in the context we’re discussing. Looks like you’re just not listening – your ex-wife has no further claim to your estate, pension, whatever. Your current wife and all the children do.
You haven’t remarked upon nationality other than Swiss. Disclaimer: Not a lawyer – imagine if you do kick the bucket soon, your first child gets a share of your estate – monthly maintenance can’t be enforced since you’re not with us anymore but at least you’re spared compiling another tax return. Sit down with your lawyer and make a will.
Indeed in your case it does not apply as far as I understand. There are many different factors that come into play, since you are already thinking about death it's a good opportunity to clear everything up with your lawyer and write a will.
I dont think I am near death! I am 50 y/o but I did not feel great when I received a letter from an UK lawyer, claiming to write a will and include my ex wife or to give her and our child anticipated inheritance so that she doesn’t start the claim in the future against my wife and children here.
I will sit with the lawyer and try to come up with the draft... thanks a lot every
My mother thinks that my ex wife was not counting on me having another family and now when our child is near age of 18 and maintenance should stop because he doesn’t wish to go to Uni but to start his own graphic design shop, means he will be out of education and will have control of his own bank account. So anything I give to him will be his and not go through the mother’s account like it is the case . So that she is getting nervous... And trying to find some other way of claiming additional funds.
It included also that I should be responsible for mortgage payments in UK as the child should live in that house. (Child is 16 y/o) and the house should be for my ex wife, our child and her partner and his 3 children.
That just sounds like fishing. Any inheritance they might have a right to has to be sorted out at the time of your death anyway (will or no will), and not later against your wife and children.
This is total nonsense. I wouldn’t respond to any such ludicrous demands. In future I would throw out any mail from this solicitor without reading it...
The only obligation you have is to your child. That's what you already pay child support for.
She's trying it on, maybe she can have you over a barrel or two.
This. And consider combining it with an "Ehe- und Erbvertrag".
It's a contract between the spouses that gives the survivor the right to use the deceased's inheritance that's not part of the mandatory 50% until his/her own death. The details can be quite complex and there are some drawbacks to be considered, you may want to read them up so you know what you two sign up for if you take this route. Contact your local notary.
Actually depends on canton. In SG you can in general (iirc for specific expenses - rent, food, books etc. - rather than a general lump sum) although I'm not sure if that applies across borders as this case.