Swiss Civil Code

¹ In the case of same-sex mar­ried couple who were mar­ried abroad be­fore the Amend­ment of 18 Decem­ber 2020 came in­to full leg­al force, the stat­utory mar­it­al prop­erty re­gime of par­ti­cip­a­tion in ac­quired prop­erty ap­plies ret­ro­spect­ively from the date of mar­riage, un­less the couple agrees oth­er­wise by mar­it­al agree­ment or prop­erty agree­ment.

² Be­fore this Amend­ment comes in­to force in full, either spouse may give writ­ten no­tice to the oth­er that the cur­rent mar­it­al prop­erty re­gime will be main­tained in ac­cord­ance with Art­icle 18 of the Same-Sex Part­ner­ship Act of 18 June 2004⁷⁴⁸ (SSPA) un­til the date of full entry in­to force.

³ The cur­rent mar­it­al prop­erty re­gime in ac­cord­ance with Art­icle 18 SSPA shall also be re­tained if an ac­tion seek­ing to dis­solve the mar­it­al prop­erty re­gime un­der Swiss law is pending when this Amend­ment comes in­to full leg­al force.

⁴ The related ordinances shall provide that married couples who so wish shall be mentioned as husband and wife or as father and mother in relation to their children on documents, deeds and forms.