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Legal questions on binational marriage

Responsibility and recognition

Which law is a binational marriage subject to?
A binational marriage is subject to the provisions of the Swiss Federal Code on Private International Law (LDIP) www.gesetze.ch. The Code specifies the law that applies in each case.

If the couple's matrimonial dwelling is in Switzerland, their marriage is subject to Swiss matrimonial law, irrespective of where the marriage was concluded.

If the spouses move abroad, the matrimonial law of their country of residence applies, providing the marriage has been recognised there.

Recognition of the binational marriage in the corresponding native countries
Basically, marriages concluded abroad are recognised by the Swiss authorities provided the marriage does not circumvent existing impediments to marriage in Switzerland.
Please contact the Swiss representative (consulate or embassy) in the country where the marriage was concluded so that a marriage concluded abroad can be recognised. You will find the addresses on
 www.eda.admin.ch.


For the recognition in the native country of the foreign partner of a marriage concluded in Switzerland, please contact the consular representative of the country in question.