Same-sex marriage in Switzerland: financial considerations and parentage & More News Here

Swiss regulation on same-sex marriage will come into drive on 1 July 2022. From that date, same-sex {couples} will be capable to marry or convert their civil partnership right into a marriage.

Will it nonetheless be doable to enter right into a civil partnership?

From 1 July 2022, it would not be doable to register a civil partnership.

Same-sex {couples} could convert their civil partnership right into a marriage by the use of a joint declaration on the Registry Office in Switzerland or to the competent Swiss consulate illustration overseas. This request for conversion is just not topic to a authorized time restrict and could also be made at any time. This conversion is just not automated; present civil partnerships could also be maintained.

What about same-sex marriages concluded overseas?

Same-sex {couples} married overseas whose marriages have been recognised in Switzerland as a civil partnership – on account of the truth that the appliance for recognition was made earlier than the entry into drive of the change in the regulation – will now be capable to have these civil partnerships registered as a marriage.

What are the important thing financial considerations for same-sex {couples}?

Partners in a civil partnership are at the moment topic to the default matrimonial regime of separation of property except a unique regime is elected. From 1 July 2022, same-sex {couples} will de facto be married beneath the regime of ‘participation in acquired property’ which routinely applies to all married {couples}. This implies that belongings, i.e. all belongings collected throughout the marriage that aren’t private property (e.g. earnings from work), must be divided between the spouses in the occasion of divorce.

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Is it doable to elect one other matrimonial regime?

If {couples} want to elect the matrimonial regime of separation of property or want to elect that the regime of participation in acquired property applies retroactively to the date of registration of their civil partnership, they must enter right into a marriage contract.

What would be the impression on the kids of same-sex feminine {couples}?

From 1 July 2022, entry to sperm donation for feminine {couples} (excluding nameless donations) can be permitted in Switzerland. Provided the situations of Swiss regulation are happy, each can be thought of authorized dad and mom with joint parental accountability from beginning.

What about adoption?

With the opening up of marriage to same-sex {couples}, joint adoption can be permitted.

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