SwissCommunity What are the benefits of getting married as opposed to entering into a civil partnership? Question: I am a Swiss Abroad and have been living in a civil partnership with my Canadian partner for a number of years. What would be the benefits of getting married? Answer: The difference between a civil partnership and a marriage is not only symbolic. The “Marriage for all” regime opens up new opportunities for same-sex couples. If you are married, you have the right to adopt children together. You also have access to sperm donations in Switzerland. Provided access to reproductive medicine complies with the Swiss Reproductive Medicine Act, both spouses will be legally recognised as parents. However, in the case of private sperm donations, or if you and your partner access a sperm bank in your country of residence, only the person giving birth will be legally recognised as a parent in Switzerland. And with regard to adoptions and sperm donations, the question of whether a parent-child relationship is recognised in your country of residence depends on the relevant legislation in that country. If you are insured under the Swiss old-age and survivors’ insurance (OASI) scheme, you have better legal protection as a married couple. If the eligibility criteria for an OASI survivor’s pension are fulfilled, a widowed spouse receives a surviving spouse pension, regardless of whether they have children – provided that (a) they are at least 45 years old when they became widowed and (b) have already been married for five years. Unless otherwise agreed, the concept of joint ownership of property continues to apply to married couples, as opposed to the separation of property in civil partnerships. Furthermore, getting married makes it easier for your partner to obtain Swiss citizenship. Couples can convert their civil partnerships into marriage by means of a simple document called a conversion declaration, which they can hand in at their local Swiss representation. Alternatively, couples can apply to initiate a preparatory procedure before marriage. This will then enable them to have their names changed at the time of marriage. Couples converting their civil partnership into a marriage can still change their names retroactively, but this will cost extra. A word of caution: there is a gap in the law in the case of marriages involving the preparatory procedure, namely it is not clear whether a civil partnership is considered as time during which the couple are married. This, for example, could affect eligibility for simplified naturalisation – your partner must be married to you for at least six years – or your entitlement to a surviving spouse pension. However, with regard to the process of converting a civil partnership into marriage, the law clearly states that the duration of your civil partnership is taken into account. If you want to play safe, filling in a conversion declaration is therefore the best option. Smilla Schär, OSA Legal Service, info@swisscommunity.org “Marriage for all” not only has symbolic implications. In many regards, marriage puts couples in a better position compared to a civil partnership. Photo: Keystone Summer holiday camps for children aged 8 to 14 Swiss children living abroad will have an opportunity to get to know Switzerland and its culture – and have a great time with around 40 other children from around the world – at a series of two-week summer holiday camps from the end of June to the end of August 2023. Registration for these camps begins on 11 January 2023. The camp dates are: Saturday 24 June – Friday 8 July 2023 Saturday 8 July – Friday 21 July 2023 Saturday 22 July – Friday 4 August 2023 Saturday 5 August – Friday 18 August 2022 Further details on the various offers (locations, age groups, etc.) will be available online from mid-December 2022 at www.sjas.ch. The registration deadline is 15 March 2023. The Foundation for Young Swiss Abroad (FYSA) wants to give all Swiss children living abroad the chance to get to know Switzerland in this way at least once. We therefore offer price reductions whenever these are justified. The relevant fee reduction application form is available for completion when you sign up to a camp. For further details, please do not hesitate to contact the FYSA. (LR) Foundation for Young Swiss Abroad (FYSA) Alpenstrasse 24, 3006 Berne, Switzerland Tel.: +41 31 356 61 16 Email: info@sjas.ch / www.sjas.ch/en 35 Swiss Review / December 2022 / No.6
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