Federal Act
on the Registered Partnership
between Same-Sex Couples
(Same-Sex Partnership Act, SSPA)

of 18 June 2004 (Status as of 1 January 2023)


Open article in different language:  DE  |  FR  |  IT
Art. 9 Unlimited nullity

1 Any per­son who has an in­terest may at any time bring an ac­tion be­fore the court to have the re­gistered part­ner­ship de­clared null and void if:

a.
either of the part­ners was not cap­able of judge­ment at the time the part­ner­ship was re­gistered and has not be­come cap­able of judge­ment since then;
b.7
the part­ners are re­lated in dir­ect line, or are sib­lings or half-sib­lings;
bbis.8
at the time of re­gis­tra­tion, either of the part­ners was already liv­ing in a re­gistered part­ner­ship or mar­ried, and the earli­er re­gistered part­ner­ship or mar­riage has not been dis­solved;
c.9
either of the pro­spect­ive spouses clearly has no in­ten­tion of liv­ing with the oth­er but wishes to cir­cum­vent the pro­vi­sions on the ad­mis­sion and res­id­ence of for­eign na­tion­als;
d.10
either of the part­ners did not give their free con­sent to the re­gis­tra­tion of the part­ner­ship;
e.11
either of the part­ners is a minor, un­less the pur­pose of the re­gis­tra­tion meets the over­rid­ing in­terests of this part­ner.

2 While a re­gistered part­ner­ship is in ex­ist­ence, the ac­tion shall be in­sti­tuted ex of­fi­cio by the com­pet­ent au­thor­ity at the part­ners’ place of res­id­ence. In­so­far as this is com­pat­ible with their du­ties, the fed­er­al and can­ton­al au­thor­it­ies shall no­ti­fy the au­thor­ity re­spons­ible for the ac­tion if they have reas­on to be­lieve that grounds for nullity ex­ist.12

7 Amended by An­nex No 1 of the FA of 18 Dec. 2020 (Mar­riage for All), in force since 1 Ju­ly 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).

8 In­ser­ted by An­nex No 1 of the FA of 18 Dec. 2020 (Mar­riage for All), in force since 1 Ju­ly 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).

9 In­ser­ted by An­nex No II 5 of the FA of 16 Dec. 2005 on For­eign Na­tion­als, in force since 1 Jan. 2008 (AS 2007 5437; BBl 2002 3709).

10 In­ser­ted by No I 4 of the FA of 15 June 2012 on Meas­ures against Forced Mar­riages, in force since 1 Ju­ly 2013 (AS 2013 1035; BBl 2011 2185).

11 In­ser­ted by No I 4 of the FA of 15 June 2012 on Meas­ures against Forced Mar­riages, in force since 1 Ju­ly 2013 (AS 2013 1035; BBl 2011 2185).

12 Last sen­tence in­ser­ted by No I 4 of the FA of 15 June 2012 on Meas­ures against Forced Mar­riages, in force since 1 Ju­ly 2013 (AS 2013 1035; BBl 2011 2185).

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