Marriage and Registered Partnerships

Prior to getting married, it makes sense to obtain thorough information about the potential consequences of entering into marriage. The decision to get married is fairly significant. It makes sense to obtain information on the possible cosequences in advance. This applies to allcouples and to binational couples in particular.
In its "Questions and considerations concerning friendship and marriage between couples of different nationalities" brochure, the frabina advice centre in Berne has compiled a catalogue of questions on the topic of getting married and living together. The brochure is available free of charge directly from frabina, Laupenstrasse 2, 3008 Berne. Please send a stamped addressed C5 envelope.
If you require additional information or further advice, please contact one of the advice centres for binational couples and families.

Matrimonial law
In Switzerland, matrimonial law is regulated in the Swiss Code of Civil Law (ZGB art. 90 - 251). As a married binational couple, you are subject to Swiss matrimonial law if your matrimonial dwelling is in Switzerland.
The most important rights and duties in marriage are summarised in the following:

Principle (ZGB art. 159): The spouses are obliged to maintain the well-being of the conjugal community and to care for their children. They owe each other fidelity and support. The spouses have equal rights and together weigh up personal interests against those of the conjugal community.

Citizenship (Swiss Citizenship Law - BüG): In the case of a binational marriage, both parties maintain their nationality. (Sojourn)

Matrimonial home (ZGB art. 162): The spouses determine their matrimonial home together. With mutual agreement it is also possible to establish two places of residence as a married couple.
Notice can only be given on the matrimonial home together or with the express agreement of one's partner (ZGB art. 169).

Important change for binational married couples

When the new Aliens' Act (AuG) enters into force on 1 January 2008, binational couples are required to live in one household until a permanent residence permit is received if the foreign spouse comes from a third country. Cohabitation will become a requirement for establishing a right of residence through family reunification! (art. 42 AuG).

However, that requirement will not apply if good cause is asserted an the family home is maintained (art. 49 AuG). However, at this point, it is impossible to predict the situations that will be recognized as good cause (e.g. domestic violence).

On its web site (www.bfm.admin.ch), the Federal Migration Office provides an overview of the new changes.

Family maintenance (ZGB art. 163)

The spouses provide family maintenance together and agree on the allocation of gainful occupation, childcare and household chores. Within their means, both partners are entitled to a discretionary amount of money as an allowance. (Money)

Obligation to provide information (ZGB art. 170)

The spouses are obliged to inform each other about income, wealth and debts. This right can be required legally if necessary, e.g. in the case of a matrimonial protection procedure.

Protection of the conjugal community (ZGB art. 171 ff):

The rights that arise from marriage can be legally required.

Dissolution of the joint household (ZGB art. 175 ff)

A spouse is entitled to dissolve the joint household for as long as his/her personality, economic security or the well-being of the family is seriously endangered through living together, e.g. in the case of domestic violence. (Separation and divorce)

Citizenship (BüG)

In binational marriages, both parties retain their nationality. (Residence)

Law of matrimonial property
The law of matrimonial property regulates what belongs to whom during the marriage and how the wealth is to be divided up in the case of divorce or death. Three options are available:

• Participation based on acquisition
• Community of property
• Separation of property

If no matrimonial property agreement has been concluded, spouses are subject to the provisions of the ordinary system of matrimonial property of participation based on acquisition. An extraordinary system of matrimonial property can be agreed in a matrimonial property agreement and - within clearly regulated legal limits - can also be adapted to individual requirements. A matrimonial property agreement can be concluded or changed before getting married or at any time during the marriage, providing that both spouses are in agreement.

Participation based on acquisition (ZGB art. 196 ff)
In the case of participation based on acquisition, the man and woman basically have separate wealth. However, in the case of death or divorce, i.e. when the system of matrimonial property is dissolved, savings made during the marriage are divided in half and distributed to the woman and man.

Community of property (ZGB art. 221 ff)
Community of property needs to be agreed in a matrimonial property agreement. A distinction is made between the wealth of the woman, the wealth of the man and joint wealth. The matrimonial property agreement regulates what belongs to whom in individual cases. When the system of matrimonial property is dissolved, the joint wealth is divided up.

Separation of property (ZGB art. 247 ff)
Separation of property can be established through a matrimonial property agreement. If one side so desires, it can also be brought into force in court - or in the case of certain preconditions - against the will of both spouses. There is no joint wealth in the case of separation of property. The woman and the man remain sole proprietors of their own wealth.

Important exception for binational couples
As a binational couple, you have the possibility of subjecting your marriage to the law of matrimonial property of the native country of the foreign partner. An agreement of this kind must be made in writing.

If you require further information on the consequences of the individual systems of matrimonial property, you will find the "Ehe- und Erbrecht - ein Leitfaden für Braut- und Eheleute" (Matrimonial law and law of succession - a guideline for engaged and married couples) brochure of the Federal Department of Justice and Police on http://www.ofj.admin.ch/e/index.html. This brochure also contains information on the law of succession.
It is urgently recommended to seek professional advice when concluding a matrimonial property agreement.
For additional information and personal counselling please refer to a Call Centre of our Association.

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) http://www.gesetze.ch/sr/291/291_006.htm. 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
http://www.eda.admin.ch/eda/g/home/emb/addch.html
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. You will find the addresses on
http://www.eda.admin.ch/eda/g/home/emb/addch.html

Marriage ceremony

Should the marriage ceremony take place in Switzerland or abroad?
The decision whether the marriage ceremony should take place in Switzerland or in the native country of the foreign partner is individual.
On the one hand, personal desires may play a role. On the other hand, it may be extremely expensive and time-consuming in certain countries to obtain the necessary papers for marriage in Switzerland, which makes it simpler to get married in the country in question. However, under certain circumstances, it can be more difficult to obtain the necessary recognition of the marriage in Switzerland for the subsequent immigration of family dependents.
Depending on where the marriage takes place, various preconditions have to be met.

Binational marriage ceremony abroad
If you have decided to get married abroad, you need to find out about the necessary papers and formalities in the country in question. If you live in Switzerland, it is best to contact the consular representative in Switzerland of the country in question. You will find the addresses on the homepage of the Swiss Federal Department of Foreign Affairs (DFA): http://www.eda.admin.ch/eda/g/home/emb/addfor.html.
You can download an information sheet on getting married abroad from http://www.swissemigration.ch/imperia/md/content/elias/HEIRATEN_AK_D.pfd
The information sheet of the Swiss Federal Commercial Registry Office is available on http://www.eazw.admin.ch/d/eazw-index.html
If you have further questions or need personal counselling, please contact one of the Call Centres of our Association advice centres.

Binational marriage in Switzerland

Preconditions for the marriage ceremony
According to Swiss law, you can get married when you have reached the age of legal majority - i.e. 18 years of age - or, in the case of people under guardianship, when you have obtained agreement from your legal guardian (ZGB art. 94).
There must be no impediments to the marriage (e.g. an already existing marriage).
In Switzerland, marriages must be concluded at the registry office. A religious marriage ceremony may only take place after the civil wedding (ZGB art. 97 para. 3).
The marriage ceremony can take place in the registry district of your choice (ZGB art. 97 para. 2). If you do not wish to get married in the community you live in, this community will issue you with a marriage authorisation once the preparation process has been concluded.

Necessary documents for getting married
Swiss national:

• Individual civil registry certificate (issued by the registry office of your town of origin)
• Certificate of permanent residence or proof of residence (issued by the residents' registration office)
• Passport or identity card

Foreign national:

• Proof of residence (foreigner's identity card)
• Birth certificate with information about parents
• Passport or proof of citizenship (issued by the native country)
• Civil registry papers (with information about marital status, divorce decree or death certificate of deceased spouse)
• Recognised refugees and asylum seekers need to produce a newly issued certificate of their refugee or asylum-seeker status instead of a passport or proof of citizenship.

Depending on the country of origin, the Swiss authorities also request that the marriage papers are checked in the native country of the foreigner. This check can take some time and may incur an advance fee payable to the registry office.
The required documents must not date back more than six months at the time of submission and must be written in one of the national languages of Switzerland.
If your documents need translating, please enquire at the registry office about which sections need translating. The translation needs to be certified. Many translation offices provide this service.
It is advisable to allocate sufficient time for the procurement and possible translation of the documents.

Civil Registery officers are now authorized and required to verify whether the marriage in question is fictitious. If they suspect this is the case, they may deny the matrimony. A marriage is fictitious if the couple wishing to marry enters into marriage solely or primarily to circumvent legal privisions concerning the residence of aliens. With respect to foreign nationals, Civil Registry officers are required to verify their residence status and, in case of suspicion, to establish the possibility of a fictitious marriage, if necessary by questioning the engaged couple (individually) and other authorities and third parties.

Preparation process (ZGB art. 98-99)
You need to go to the registry office of your place of residence in person with the required documents. The registry office checks the documents and determines that the preconditions for marriage have been fulfilled. You will have to pay for this service. Enquire at the responsible registry office about the expected costs. Remember that this process can take some time.
Once all the documents have been assembled, the preparation process is completed and the couple is informed of the legal deadlines of the wedding. The wedding can take place at the earliest ten days after the completion of the preparation process and at the latest three months thereafter.
If it is impossible or unfeasible to appear at the registry office in person, e.g. because your partner is abroad, a written version of the preparation process can be authorised.
If you have already initiated the preparation process, you can, as a foreigner, submit an application for an entry and limited residence permit to prepare for marriage from a Swiss representation abroad (consulate or embassy) or - if you are already in Switzerland - from the Cantonal Aliens' Police (Migration Services). You can also request an extension of a tourist visa with the same justification.

Important: If you wish to apply for issuance for extension a visa in Switzerland, you have to do this in good time before your valid residence permit expires!

Upon the introduction of the new Aliens' Act (AuG) in force since 1 January 2008, the authorities will have the option to deny a marriage ceremony or revoke a marriage retroactively in clear cases of abuse of law.

Family name
Before they get married, the couple needs to decide which name is to be the family name. If nothing has been agreed, the current legal situation states that the man's surname becomes the family name. If you decide on the woman's surname as your family name, you need to obtain authorisation from the government of your canton of origin, before you get married.
Neither the woman nor the man has to give up their pre-marital surname. This name can precede the family name (without a hyphen: e.g. Thompson Taylor) if you relate your desire for a double name to the registry office prior to the wedding.
A further possibility is to place the pre-marital name after the family name using a hyphen (Taylor-Thompson). This double-barrelled name is not official, but can be entered in a passport or identity card if desired.
Important: Binational couples may, upon special declaration, bear the name prescribed by the law of the native country of the foreigner. In this case, the name registered in Switzerland will be the same as that registered in the native country.

You will find a facht sheet on using a name upon entry into marriage in Switzerland at www.bj.admin.ch.

Wedding ceremony
The wedding ceremony is public and takes place in the presence of two adult and competent witnesses.
If the bride and groom answer YES to the question of whether they want to enter into marriage, the marriage is declared valid by mutual consent.
If you do not get married in the registry office of the community you live in, you need to present the registry office of your choice with the marriage authorisation (available from the registry office of the community you live in).
You will find a detailed brochure on binational marriage on the homepage of the Swiss Federal Commission for Foreigners on www.eka-cfe.ch.
If you have problems or questions in connection with a marriage ceremony, please contact the Swiss Federal Commercial Registry Office www.eazw.admin.ch, the cantonal authorities or one of the call centres for binational couples.

Registered Partnerships

The Federal Act on Registered Partnerships (Partnership Act) entered into force on 1 January 2007.

The purpose of introducing the registered partnership is to enable same-gender couples to secure their relationship. In addition, state recognition of same-gender couples should aid in stopping discrimination and eliminating prejudice. In accordance with the new Act, same-gender couples may register with the Civil Registry Office of their place of residence and thereby bind themeselves to a life partnership with clearly defined rights and duties. See www.zivilstandswesen.ch.

A partnership duly registered abroad will be recognised in Switzerland if it is consistent with the relevant principles of Swiss law. With respect to family reunification and residence permits, registered partnerships are considered equal to married couples (Art. 52 Aug). The foreign partner in a registered partnership has the right to apply for residence permit B.

For the time being, there is no provision for simplified naturalisation.

The Federal Act on Registered Partnerships for Same-Gender Couples can be found at www.admin.ch.

For more information on registered partnerships and a fact sheet from the Federal Government on registered partnerships visit  at www.lsbk.ch.

Self-help group for binational couples: www.pinkcross.ch

Sample contract for couples: www.pinkcross.ch

Last revision: July 2008