Marriage Law (Switzerland)

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The Swiss marriage law in Articles 90 to 251 of the Swiss Civil Code regulated (CC) and the principle of since 1988 equality established between women and men.

history

Marriage was already regulated in Germanic tribal law on Swiss territory . It was a so-called purchase marriage : the man acquired control of the woman by means of a purchase price. The polygamy was permitted. The Christianization of Switzerland led to a certain liberalization: Mutual consent was now required. However, it also required the church's consent in many areas of marriage law, which was set as such by the Catholic Church. It was a patriarchal law, ecclesiastical courts had jurisdiction over disputes, and divorce was prohibited. After the Reformation , divorce was at least legalized in the Reformed cantons (in each case with the consent of the Church). In 1875, divorce was legalized throughout Switzerland by secular federal law and civil marriage was permitted. The wife was still discriminated against the husband.

requirements

In order to be able to enter into a marriage, one must have reached the age of 18. Same-sex marriages are not permitted, but same-sex couples can enter into a registered partnership . If you are not a Swiss citizen, you must be able to prove that you have a right of residence in Switzerland by the time you get married . To get married, you have to be able to judge and not already be married or live in a registered partnership. The partner must not be from close relatives.

In order to be able to enter into the union of marriage, an application must be submitted to the registry office . This is checked there and it is confirmed whether a marriage is possible. The couple must personally confirm that they meet all the requirements for marriage. Before the voluntary church wedding is possible, the civil marriage must have already taken place. In the wedding ceremony two mentally competent, empowered witnesses must be present, which in addition to the bride and groom the entry in the marriage register to sign.

Rights and obligations

In a marriage you have the following rights and duties:

  • As soon as both partners have reached the age of majority , it is permitted to get married in Switzerland.
  • The marriage must not be forced. Everyone is free to choose their partner.
  • Both spouses must consider the will of the other. Taking into account the personality of the partner, they act for the benefit of the marital community .
  • Both spouses have the same right, the man's voice has exactly the same weight as that of the woman.
  • There are no tasks in marriage that are gender dependent. All duties in the marriage must be agreed with one another.
  • There are also no gender-related tasks when it comes to family maintenance. The spouse can agree by agreements, who as much to keep contributing to the family.
  • Both spouses have the same responsibilities with regard to the children (i.e. to look after, raise and care for).
  • Anyone who physically harasses his spouse is a criminal offense.
  • If conjugal duties are violated or there is a disagreement in the marriage, a court can be sought for mediation.
  • Both spouses have the option to get a divorce. If both of you want to, you can submit them together. If only one spouse wants a divorce, they can sue for divorce in court.

The spouses are fundamentally equal and are subject to the duty of loyalty . You have a duty to support your spouse (duty of assistance ). You are obliged to give each other information about your assets and any debts ( obligation to provide information ). If there are children, both parents must take care of them. The children must live in a shared apartment with their parents.

family name

Since January 1, 2013, both partners have kept their own family name when they get married. The couple also has the option of choosing one of the two names as a common family name. The classic double name - one partner (usually the man) keeps his name, the other puts his own family name in front of the partner's name - is no longer possible. If both family names are to be kept, there is the possibility of jointly adopting a so-called alliance name such as B. Hefti-Marti. If the spouses keep their respective names, they can designate any of the names as the family name of future children together. In the case of a shared family name, children automatically adopt it.

Naturalization of the spouse

In order to acquire Swiss nationality, one must have been married to a Swiss citizen for at least 3 years . The person must also have lived or lived in Switzerland for at least 5 years. The prerequisite is that he / she lived in Switzerland for the last year. If a spouse lives abroad, the marriage must have existed for at least 6 years. The spouses must have a connection to Switzerland and not violate its rights or security.

Children's religion

According to Art. 303 ZGB , the parents decide which religion the child adopts. From the age of 16, the children decide for themselves.

Matrimonial property regimes

The property regimes determine who owns what in the marriage. It also specifies how assets and debts are divided in the event of divorce or death. There are in Switzerland three property regimes: participation in acquired property , community property and separate property.

Achievement sharing / community of profits

Unless otherwise agreed by the couple, the ordinary matrimonial property regime applies :

  • The spouses have separate assets.
  • You remain the owner of the property. All goods that they bring in or inherit during the marriage or are given as a personal gift during the marriage are administered separately.
  • The spouses use and manage the savings made during the marriage (“achievement”, e.g. salary , interest , pension contributions ) independently of one another.
  • In principle, each spouse is only liable for their own debts with all their own assets, unless the other spouse agreed to the obligation or it was about expenses for daily needs.

Community of property

A prerequisite for a property regime is a marriage contract. During the marriage there are three categories of goods, so-called goods masses:

  1. those of the wife (personal property)
  2. those of the spouse (personal property)
  3. those who belong to both (common property)

The common property includes the property and income of the spouses. This belongs to both of them, it is administered by both and, in the event of a dissolution of the property regime, it is shared between the wife and husband. Exceptions are personal items that are marked as personal property in the marriage contract.

In the case of debts , the spouse is only liable for half of the property and, if necessary, for his own property. In some cases, however, one spouse must be liable for the entire property.

Separation of property

There is no community of property, so there are no common goods or debts. They remain the owners of their own goods and manage them themselves. Thus, when the marriage ends, there is no division. The spouses can determine the separation of property by means of a marriage contract . A marriage contract must be certified by a notary public .

Property law dispute

A property law dispute occurs at:

  • Divorce or separation
  • Death of a spouse
  • Agreement on a different property regime
  • Annulment of marriage

In a property dispute, the assets brought into the marriage or purchased during the marriage (furniture, real estate, money, securities) are divided between the two spouses. If there are debts, it must be clarified and determined who will take on them.

Advantages of marriage over cohabitation

The advantages of marriage over cohabitation are financial security and easier inheritance in the event of the partner's death. If you have a partner with a different nationality, he or she will receive a residence permit in Switzerland. In marriage, both parents automatically have custody of the children. The adoption of children is possible as a married couple . In the event of an accident or illness, the spouse has the right to medical information.

Web links

Individual evidence

  1. ↑ http://www.ch.ch/de/heiraten
  2. ↑ https://www.bj.admin.ch/bj/de/home/gesellschaft/zivilstand/merkblaetter.html
  3. ↑ http://www.ehe-recht.ch/treue-und-beistandspflicht
  4. ↑ http://www.ch.ch/de/heiraten-namenswahl
  5. ↑ https://www.sem.admin.ch/content/sem/de/home/themen/buergerrecht/faq.0006.html#a_0006
  6. ↑ http://www.ch.ch/de/guterstand
  7. ↑ http://www.familienleben.ch/20-hochzeit/40-ehe-vorteile-und-nachteile
  8. ↑ http://www.match-patch.de/ratgeber/haben/sollen-wir-heiraten-vorteile-nachteile-ehe