How to Register Same-Sex Partnerships

In 2005, the Swiss people voted in a referendum to allow same-sex couples to legally formalize their partnerships. This led to the Federal Act on Registered Partnerships for Same-Sex Couples (PartG), which came into force on January 1, 2007. Unlike marriage, same-sex registered partnerships are regulated by a federal law rather than the Swiss Civil Code. Once established, a registered partnership is recognized throughout Switzerland.

A registered partnership is a legal status that allows two people of the same sex to officially recognize their relationship and status as a couple. According to Article 2 of PartG, this family status is reserved for same-sex couples – heterosexual couples are not eligible and have the option of a cohabitation contract instead.

Impacts and Consequences of Registered Partnerships

Entering into a registered partnership grants the couple official recognition of their relationship, creating a union with mutual rights and obligations for each partner. Firstly, partners owe each other mutual support and respect, similar to a marriage (Art. 12 PartG). Additionally, both must contribute financially to their household (Art. 13 PartG).

Beyond the partnership itself, a registered partnership affects other aspects of the partners' lives. Partners can apply to the civil registry office to adopt each other’s surname (Art. 12a PartG). They also enjoy the status of close relatives and are subject to joint taxation. Finally, partners are treated similarly to married couples in terms of inheritance. This means that in the event of a partner's death, the surviving partner is entitled to a widow's/widower's pension from the AHV and occupational pension benefits.

To apply for a registered partnership, certain conditions must be met (Articles 3 et seq. PartG). If these conditions are satisfied, the couple must initiate a preparatory procedure with the civil registry office, leading to the registration of the partnership.

Conditions for a Registered Partnership

According to Articles 3 and 4 of PartG, the following conditions must be met:

1. Both partners must be at least 18 years old and capable of judgment.
2. At least one partner must be a Swiss citizen or have residence in Switzerland.
3. Neither partner may be married or in another registered partnership at the time of the application.
4. The partners must not be direct relatives.
5. Neither partner should be under a guardianship order.

Preliminary Procedure for Registering a Same-Sex Partnership

The first step in registering a partnership is to review the application in a preliminary procedure. The couple must contact the civil registry office in the municipality where one of the partners resides to schedule an appointment. Both partners must be present for the application to be accepted (Article 5 PartG). A family law attorney can assist if needed.

During this preliminary procedure, the civil registry office will verify the partners' identities, the partnership conditions, and ensure no legal impediments exist (Article 6 PartG). Once the preparatory process is completed, the civil registrar will schedule an appointment for the partnership registration.

Registration of the Partnership

The partnership registration, formalized by a signature before the civil registrar, must occur within three months of completing the preliminary procedure. This registration takes place publicly at the civil registry office or another official venue. The ceremony can be either festive or non-festive, depending on the couple’s wishes. Unlike a marriage, no witnesses are required for a registered partnership.

Registered partnerships provide same-sex couples with official recognition of their relationship, offering social, legal, and financial security. Article 12 PartG establishes a duty of mutual support, and Article 14 PartG prevents partners from taking over the shared home without the other’s consent. Article 31 PartG allows the surviving partner to inherit in case of death. Therefore, registered partnerships offer significant legal benefits to same-sex couples.

However, married heterosexual couples and same-sex couples in registered partnerships are not entirely equal. Same-sex couples do not have rights to joint adoption, facilitated naturalization, or medically assisted reproduction, which are explicitly prohibited by Article 28 PartG.

A same-sex couple married abroad can have their marriage recognized as a registered partnership in Switzerland. The couple must have married in a country where this is possible, such as the Netherlands, Spain, or France. After verifying the authenticity of the documents, the union can be registered according to Swiss law.

Marriage for All in Switzerland

On September 26, 2021, the Swiss people voted in a referendum to allow same-sex couples to marry. This amendment to the Swiss Civil Code is expected to come into force on July 1, 2022. From this date, same-sex individuals can claim the same family status as married heterosexual couples.

At that time, couples in registered partnerships can apply to convert their relationship into a marriage. Both partners must then make a declaration, which is presented to the registrar.

Dissolution of a Registered Partnership

As with marriage, it is possible to separate from a registered partnership. This is referred to as the dissolution of a registered partnership (Art. 29 et seq. PartG). The couple must approach the competent court in their canton of residence or their partner's canton of residence. Once the dissolution is effective, the civil status of both partners is "dissolved partnership."

Unless otherwise agreed in a contract, the system of property separation applies to the couple in the event of a registered partnership dissolution. If one partner changed their surname upon entering the partnership, they can revert to their maiden name and update their identification documents accordingly. Finally, a court may decide that one partner must pay maintenance to the less wealthy partner after a separation, similar to spousal support (Art. 34 PartG).