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

The registered partnership shall be declared null and void if:

1. at the time of registration, either of the partners was living in a registered partnership or married, and the earlier registered partnership or marriage had not been dissolved;

2. 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;

3. the partners are related in direct line, or are siblings or half-siblings;

4. 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;

5. either of the partners did not give their free consent to the registration of the partnership.

The registered partnership shall be declared null and void by the court if either of the partners was a minor when the partnership was registered and had not yet reached 25 years of age when the nullity action was instituted.

However, the registered partnership shall remain valid if the partner in question:

1. is still a minor, and the court reaches the exceptional conclusion that continuation of the partnership meets this partner’s overriding interests and is of their own free will; or

2. has reached the age of majority, and the court concludes that this partner has declared of their own free will that they wish to continue the partnership.

The action to nullify the registered partnership must be instituted ex officio by the competent cantonal authority at the partners’ place of residence; furthermore, anyone who has an interest may institute an action. 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.

Once the partnership has been dissolved, its nullity will no longer be pursued ex officio; however, anyone who has an interest may request a declaration of nullity.

The action may be instituted at any time. However, an action for nullity on the grounds that either partner was a minor when the partnership was registered may be instituted only before the partner in question reaches 25 years of age.

Either partner may bring an action before the court to have the registered partnership declared null and void on the grounds of vitiated consent.

The action for nullity must be filed within six months of acquiring knowledge of vitiated consent, but no later than five years after registration.

If the claimant dies during the proceedings, an heir may continue the proceedings.

The registered partnership shall cease to be valid on the date on which the judgment of nullity takes legal effect.

Inheritance claims shall lapse retroactively. Otherwise, the provisions on the effects of legal dissolution apply mutatis mutandis.

The two partners shall offer each other support and show consideration for each other.

The partners are not required to change their surnames.

When registering the partnership, however, they may declare to the registrar that they wish to use the surname of one of the partners as their common name.

The two partners shall each contribute, as far as they are able, to the proper maintenance of their partnership. In addition, Articles 163–165 of the Civil Code (CC)¹² apply mutatis mutandis.¹³

If they cannot agree, the court shall on request determine the financial contributions towards maintenance. The contributions may be claimed for the future and for the year before filing the claim.

If a partner does not fulfil his or her duty of maintenance, the court may instruct his or her debtors to make the payments in whole or in part to the other partner.

A partner requires the express consent of the other partner in order to terminate a lease, sell the joint home, or restrict the rights to the joint living area through other legal transactions.

If consent cannot be obtained or is refused for no valid reason, the matter may be taken to court.

While cohabiting, both partners represent the partnership with regard to their day-to-day needs.

A partner may represent the partnership with regard to the other needs of the union only if:

1. authorised so to do by the other person or by court order; or

2. the interests of the partnership brook no delay and the other person is unable to consent due to illness, absence or other similar reasons.

Each partner is personally liable for his or her own actions and, to the extent that these do not exceed his or her powers of representation in a manner apparent to third parties, also renders the other person jointly and severally liable for such actions.

If a partner exceeds his or her power to represent the partnership or proves incapable of exercising it, at the other partner’s request the court may revoke such power in whole or in part. The revocation is effective towards third parties acting in good faith only if it has been made public by order of the court.

The partners must provide each other with information on their respective incomes, assets and debts.

On request, the court may order a partner or a third party to furnish the information required and to produce the necessary documents.

This does not apply to any information held by lawyers, solicitors, doctors, clergy and their auxiliary staff which is subject to professional confidentiality.

Each partner is entitled to terminate cohabitation for good cause.

On request, the court must:

1. determine the monetary contributions which the partners owe each other;

2. issue rules on the use of the home and the household effects.

A partner may also make such request if the other partner refuses to cohabit without good cause.

If a partner has adopted a minor child from the other partner, the court must take the necessary steps in accordance with Articles 270–327c CC¹⁴.¹⁵

If circumstances change, at the request of either partner, the court shall modify the measures or revoke the same.

Each partner has his or her own assets.

Each partner shall be use his or her own assets to cover his or her own debts.

Any person who asserts that a specific object or asset is owned by one or other partner bears the burden of proof.

If no such proof may be adduced, there is a presumption of co-ownership.

Each partner may at any time require the other’s cooperation in drawing up an inventory of their joint assets in the form of a public deed.

Such an inventory is deemed accurate if made within one year of the inclusion of such assets under the regime.

Where one partner expressly or tacitly entrusts management of his or her assets to the other, the provisions governing agency apply unless otherwise agreed.

To the extent required to ensure the partnership’s financial security or fulfilment of a financial obligation arising from the registered partnership, at the request of either partner the court may make the other partner’s power to dispose of certain assets conditional on the petitioning partner’s consent and take protective measures.

If the measure concerns immovable property, the court shall record it in the land register.

If there are debts between the partners and the debtor has serious difficulties in repaying his or her debt, the debtor may request an extension of time, provided that this is reasonable for the other partner.

The claim shall be secured, where circumstances so require.

Where one partner proves an overriding interest in an asset in co-ownership, notwithstanding any other legal measures available, he or she may request the undivided allocation of this asset in return for paying compensation to the other partner on dissolution of the registered partnership.

The two partners may enter into an agreement on specific arrangements for the event that the registered partnership is dissolved. In particular, they may agree that the assets be divided in accordance with Articles 196–219 of the Swiss Civil Code¹⁶.¹⁷

…¹⁸

The property agreement must be drawn up and certified in due legal form, and signed by the parties and, where applicable, by the legal representative.

Articles 185 and 193 CC apply accordingly.

If a person has children, his or her partner shall provide him or her with reasonable assistance in the fulfilment of the duty of maintenance and in the exercise of parental authority and shall represent him or her if the circumstances so require. Parental rights, however, shall be respected in all cases.

The guardianship authority may, subject to the requirements of Article 274a CC²⁰ grant rights of contact with the child in the event that the partners no longer cohabit and the registered partnership is dissolved.

Where a person has adopted the minor child of his or her partner, Articles 270–327c CC²² apply by analogy.

Persons who live in a registered partnership are not permitted to adopt together or to undergo medically assisted reproductive procedures.

If both partners request the dissolution of the registered partnership, the court shall hear the parties and examine whether the request is based on free will and mature reflection and whether an agreement on the dissolution can be approved.

If this is the case, the court shall pronounce the dissolution of the registered partnership.

The partners may jointly request that the court decide in the dissolution judgement on those effects of the dissolution which they cannot agree on.

Either partner may demand the dissolution of the registered partnership if the partners have been living separately for at least one year at the time the action is brought.

The person who has changed their surname on the registration of the partnership retains that surname following dissolution; he or she may at any time declare before the civil registrar the wish to revert to the name by which he or she was known prior to the registration of the partnership.

Once the registered partnership is dissolved, the partners’ statutory right to inherit from each other no longer applies.

Unless there is an instruction to the contrary, partners may not raise any claims based on testamentary dispositions:

1. following the legal dissolution of the partnership;

2. following the death of a partner if dissolution proceedings that result in the surviving partner losing his or her right to claim the statutory entitlement are ongoing at the time.²⁵

If for good cause a person must remain in the common home, the court may transfer the rights and obligations under the tenancy agreement to that person provided this is not inequitable for the other.

The previous tenant is jointly and severally liable for payment of the rent up to the date on which the tenancy ends or may be terminated pursuant to the tenancy agreement or by law, but for a maximum period of two years. If an action is brought to recover rent due, he or she is entitled to set off the amount paid against any maintenance payments in instalments equal to the amount of the monthly rent.

If the home belongs to one of the partners, the court may, on the conditions under paragraph 1, grant the other person a right of residence for a fixed term in return for reasonable compensation or set-off against maintenance payments. Where new and compelling reasons so require, the right of residence may be restricted or revoked.

The withdrawal benefits acquired under the occupational pension scheme throughout the registered partnership are divided in accordance with the occupational pension scheme regulations under divorce law.

After the dissolution of the registered partnership, each partner is basically responsible for his or her own maintenance.

A person who, due to the division of duties, has been unable or had limited opportunity to work during the registered partnership, may demand appropriate maintenance payments from their partner until they can maintain themselves from their own gainful activity.

Furthermore, a person may demand appropriate maintenance payments if they become indigent due to the dissolution of the registered partnership and the partner can be expected to pay the maintenance payments in the overall circumstances.

Article 125 paragraphs 2 and 3 as well as 126–134 CC²⁶ is otherwise applicable mutatis mutandis.²⁷