Is our partnership still valid?
Is our partnership still valid?
I know that marriage for all will soon come into force in Switzerland, but I'm a little surprised to learn that registered partnerships will no longer exist. Does this mean that the partnership I entered into with my partner a few years ago will no longer be valid and that we will have to get married?
Elton, Nyon
In autumn 2021, the Swiss voted by a large majority in favour of marriage for same-sex couples. On 1 July 2022, the necessary changes to the law came into force, meaning that all couples can now enter into a civil marriage. The conditions will be the same for everyone: to marry, you must be over 18 years of age and capable of discernment.
Same-sex couples who have already entered into a registered partnership will be able to convert it into a marriage. To do so, the two people concerned will have to appear in person before a civil registrar with all the necessary documents (in particular those proving their identities and the partnership they have entered into) and declare their joint desire for this conversion. If they wish, they can also ask to formalise the change during a ceremony in the marriage hall, in the presence of two witnesses.
Such a conversion will not result in the issue of a marriage certificate, but of a proof of conversion, and will have no effect on the family name; if the partners wish to choose a common name, they may also initiate preparatory marriage proceedings, which will enable them to obtain a marriage certificate in due form.
However, couples who have entered into a registered partnership are under no obligation to convert their relationship into a marriage. Their partnership will remain valid. On the other hand, same-sex couples who wish to unite in the future will have to do so through marriage; in other words, it will no longer be possible to register a new registered partnership in Switzerland.
With the entry into force of these legislative changes, same-sex couples will now also be able to start a family through joint extra-familial adoption or, for female couples, medically assisted procreation with sperm donation.
