Swiss Review / February 2022 / No.1 28 Notes from the Federal Palace Don’t miss the statutory period For same-sex couples who marry abroad before 1 July 2022 but have no prenuptial agreement, the “Marriage for all” amendment has retroactive implications with regard to the matrimonial regime. Under Swiss law, joint ownership of property applies retroactively to same-sex couples (instead of separation of property). For this reason, either same-sex spouse can inform the other spouse in writing between 1 January 2022 and 30 June 2022 that their existing matrimonial regime will continue to apply until 30 June 2022. This declaration must be personally signed. (FOJ) How “Marriage for all” affects same-sex couples With the electorate having approved the “Marriage for all” proposal in autumn 2021, same-sex couples will now be able to marry from 1 July 2022 onwards. How does this change in the law affect people in other ways? Does the amendment also have implications for Swiss Abroad? The Swiss electorate voted yes to the “Marriage for all” proposal in a popular vote on 26 September 2021 (see edition 6/2021 of “Swiss Review”). There will also be implications for Swiss Abroadwhen the relevant amendment to the Swiss Civil Code comes into force on 1 July 2022. Same-sex couples in Switzerland have been able to enter into civil partnerships since 2007, but they have never been allowed to get married. This will change when “Marriage for all” comes into force on 1 July 2022. Same-sex couples will then be able to tie the knot in Switzerland too, while no new civil partnerships will be permitted. The legal differences between civil partnership and marriage mainly relate to the areas of naturalisation, adoption, and reproductivemedicine. Simplified naturalisation, the right of adoption, and access to reproductive medicine are only open to married couples. Here are the possible implications for Swiss Abroad: ■ ■ Unmarried same-sex couples can getmarried in Switzerland from1 July 2022. Starting fromthis date, theywill be able to submit the necessary application for preparation of marriage in Switzerland to the relevant Swiss representation abroad. ■ ■ Registered partners keep their status. However, same-sex couples who have registered their partnership before 1 July 2022will be able at any time to convert their (civil) registered partnership into marriage by means of a joint declaration. The conversion declaration can be handed in at any registry office in Switzerland or at the couple’s local Swiss representation abroad. Conversion intomarriage at a registry office in Switzerland can involve a ceremony, if the couple sodesire. Partners who enter into a civil partnership abroad on or after 1 July 2022 cannot convert such a partnership into marriage. They can, however, get married in Switzerland. Laura and Delia cutting their wedding cake in Regensdorf: after the people said yes to “Marriage for all” all same-sex couples in Switzerland can marry from 1 July 2022. Photo: Keystone
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