Question: I am a Swiss Abroad and have been living in a civil partnership with my Canadian partner for a number of years. What would be the benefits of getting married?
Answer: The difference between a civil partnership and a marriage is not only symbolic. The “Marriage for all” regime opens up new opportunities for same-sex couples. If you are married, you have the right to adopt children together. You also have access to sperm donations in Switzerland. Provided access to reproductive medicine complies with the Swiss Reproductive Medicine Act, both spouses will be legally recognised as parents. However, in the case of private sperm donations, or if you and your partner access a sperm bank in your country of residence, only the person giving birth will be legally recognised as a parent in Switzerland. And with regard to adoptions and sperm donations, the question of whether a parent-child relationship is recognised in your country of residence depends on the relevant legislation in that country.
If you are insured under the Swiss old-age and survivors’ insurance (OASI) scheme, you have better legal protection as a married couple. If the eligibility criteria for an OASI survivor’s pension are fulfilled, a widowed spouse receives a surviving spouse pension, regardless of whether they have children – provided that (a) they are at least 45 years old when they became widowed and (b) have already been married for five years.
Unless otherwise agreed, the concept of joint ownership of property continues to apply to married couples, as opposed to the separation of property in civil partnerships. Furthermore, getting married makes it easier for your partner to obtain Swiss citizenship.
Couples can convert their civil partnerships into marriage by means of a simple document called a conversion declaration, which they can hand in at their local Swiss representation. Alternatively, couples can apply to initiate a preparatory procedure before marriage. This will then enable them to have their names changed at the time of marriage. Couples converting their civil partnership into a marriage can still change their names retroactively, but this will cost extra.
A word of caution: there is a gap in the law in the case of marriages involving the preparatory procedure, namely it is not clear whether a civil partnership is considered as time during which the couple are married. This, for example, could affect eligibility for simplified naturalisation – your partner must be married to you for at least six years – or your entitlement to a surviving spouse pension. However, with regard to the process of converting a civil partnership into marriage, the law clearly states that the duration of your civil partnership is taken into account. If you want to play safe, filling in a conversion declaration is therefore the best option.
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