{"id":17307,"date":"2022-02-17T11:48:10","date_gmt":"2022-02-17T10:48:10","guid":{"rendered":"https:\/\/binational.ch\/?page_id=17307"},"modified":"2025-02-11T14:15:08","modified_gmt":"2025-02-11T13:15:08","slug":"marriage-civil-partnership-and-cohabitation","status":"publish","type":"page","link":"https:\/\/binational.ch\/en\/information\/marriage-civil-partnership-and-cohabitation\/","title":{"rendered":"Marriage, civil partnership and cohabitation"},"content":{"rendered":"\t\t
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Marriage, civil partnership
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Marriage, civil partnership and cohabitation<\/h2><\/div>
General information<\/a><\/div>
Marriage in Switzerland<\/a><\/div>
Getting married abroad<\/a><\/div>
Civil partnership\/same-sex marriage<\/a><\/div>
Cohabitation<\/a><\/div>
Marriage and marital property in Switzerland<\/a><\/div>
Rights and obligations<\/a><\/div>
Surname<\/a><\/div><\/div><\/div><\/div>

Marriage, civil partnership and cohabitation<\/strong><\/h3>

Coordinating everyday life comes with certain challenges for every couple. This is the case for those who have just moved in together, got married, registered a civil partnership or even those who have already lived together for several years. This applies to couples where both partners grew up in the same cultural environment and have an extensive shared cultural understanding. Additional challenges often arise when going through this process with somebody who has grown up in a completely different environment, has different values, cultural standards and a different perception of what is normal. Therefore, it makes sense to be aware of the potential consequences of a binational relationship before entering a binational marriage or civil partnership. The next section provides an overview of the legal aspects of binational cohabitation.<\/p><\/div>

Marriage in Switzerland<\/strong><\/h3>

In accordance with Swiss law, entering a marriage is possible when both partners are at least 18 years old and are mentally competent, Article 94, Swiss Civil Code (SCC). There can be no impediments to marriage (e.g., a pre-existing marriage or civil partnership). In Switzerland, marriages must be registered with the civil registry office. A religious marriage ceremony may only be performed after the civil marriage (Article 97, paragraph 3, SCC).<\/p>

Before you can get married, you must start a marriage preparation procedure at the civil registry office in your municipality. The marriage preparation procedure deals with the administrative and formal preparations for the ceremony. During this process, the civil registry office will let you know what documents both you and your partner are required to submit for your marriage. Should your partner live abroad, their papers must be submitted to the Swiss embassy in the country in which they reside.<\/p>

The required documents cannot be older than six months at the time of submission. They must be translated into one of the official Swiss languages (some cantons also allow documents to be submitted in English). The translation must be officially certified. Depending on the country of origin, the civil registry office may also demand an apostille from the country's ministry of justice. The civil registry office can also demand that the documents are checked by the Swiss embassy in the foreign national's home country. For this, the civil registry office demands an advance payment. It is advisable to allow sufficient time for collection and translation of the documents, as well as the potential requirement for certification through an apostille and verification by the embassy.<\/p>

The civil registry office is authorised to check whether the proposed partnership is a sham marriage. This is the case if the marriage, or civil partnership, is only undertaken for the purpose of circumventing the legal immigration requirements.<\/p>

According to Article 98, paragraph 4, SCC, marriage is only possible in Switzerland if both partners can prove their right to legal residence in the country.\u00a0 Depending on the\u00a0 nationality in question, this proof will take the form of legal residence or a visa. If it is not possible to provide proof of legal residence, the civil registry office is obliged to notify the migration office.<\/p><\/div>

Getting married abroad<\/strong><\/h3>

If you decide to get married abroad, it's important to find out the bureaucratic steps you need to take in the chosen country. You can get more information either from the country's consulate in Switzerland or the country\u2019s own civil registry office.\u00a0<\/p>

A marriage registered abroad is recognised in Switzerland if it complies with both the legal provisions in the country where the marriage took place, and public policy (ordre public) in Switzerland. The marriage is not automatically registered in Switzerland. An application for registration must be made at the Swiss consulate in the foreign country.\u00a0<\/p><\/div>

Civil partnership\/same-sex marriage<\/strong><\/h3>

In the past, same-sex couples could form registered partnerships in Switzerland. As of July 1, 2022, it is no longer possible to establish new registered partnerships, as same-sex couples can marry as of that date. However, existing registered partnerships may continue without a special declaration. The standard matrimonial property regime for registered partnerships is separation of property. The law does not provide for the possibility of obtaining Swiss nationality by simplified naturalization for the foreign partner.<\/p>