For same-sex couples who marry abroad before 1 July 2022 but have no prenuptial agreement, the “Marriage for all” amendment has retroactive implications with regard to the matrimonial regime. Under Swiss law, joint ownership of property applies retroactively to same-sex couples (instead of separation of property). For this reason, either same-sex spouse can inform the other spouse in writing between 1 January 2022 and 30 June 2022 that their existing matrimonial regime will continue to apply. This declaration must be personally signed.
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