Federal Act on Private International Law (PILA)
English is not an official language of the Swiss Confederation. This translation is provided for information purposes only and has no legal force.
Section 1 Solemnisation of Marriage
I. Jurisdiction
Art. 43
1 The Swiss authorities have jurisdiction to solemnise a marriage if one of the prospective spouses is domiciled in Switzerland or has Swiss citizenship. 2 Foreign prospective spouses without Swiss domicile may also be authorised by the competent authority to marry in Switzerland, if the marriage is recognised in the state of domicile or citizenship of both of the prospective spouses. 3 Such authorisation may not be denied on the sole ground that a divorce granted or recognised in Switzerland is not recognised abroad.
Para. 1 — Amended by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273). Para. 2 — Amended by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).
II. Applicable law
Art. 44
The celebration of marriage in Switzerland is governed by Swiss law.
Art. 44 — Amended by No I 5 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).
III. Marriage solemnised abroad
Art. 45
1 A marriage validly solemnised abroad is recognised in Switzerland, subject to Article 45a. 2 If either of the prospective spouses is a Swiss citizen or if both have their domicile in Switzerland, a marriage celebrated abroad is recognised, unless it was solemnised with the manifest intent of circumventing the Swiss provisions on annulment of marriage. 3 A marriage solemnised abroad shall not be recognised: a. unless and until both spouses have reached the age of 16; or b. if at the time the marriage was solemnised at least one spouse was domiciled in Switzerland and at least one spouse had not reached the age of 18.
Para. 1 — Amended by Annex No 4 of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590; BBl 2023 2127). Para. 2 — Amended by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273). Para. 3 let. b — Inserted by Annex No 17 of the Same-Sex Partnerships Act of 18 June 2004 (AS 2005 5685; BBl 2003 1288). Amended by Annex No 4 of the FA of 14 June 2024 (Measures against Marri
IV. Annulment of marriage
Art. 45a
1 The Swiss courts at the domicile or, in the absence of a domicile in Switzerland, those at the place of celebration of the marriage or the place of origin of either spouse have jurisdiction to hear an action for annulment of marriage. 2 The action is governed by Swiss law. 3 Articles 62 to 64 apply by analogy to interim measures and to the consequences of an annulment. 4 Foreign decisions on annulment of marriage are recognised in Switzerland if they were rendered in the state where the marriage was solemnised. Article 65 applies by analogy if the action was brought by one of the spouses.
Art. 45a — Inserted by No II 2 of the FA of 7 Oct. 1994 (AS 1995 1126; BBl 1993 I 1169). Amended by No I 5 of the FA of 15 June 2012 on Measures against Forced Marriages, in force since 1 July 2013 (AS 2013 1035; BBl 2011 2185).
Section 2 General Effects of Marriage
I. Jurisdiction
1. In general
Art. 46
The Swiss judicial or administrative authorities at the domicile or, in the absence of a domicile, those at the habitual residence of either spouse have jurisdiction to hear actions or to order measures relating to the effects of marriage.
2. Jurisdiction at the place of origin
Art. 47
If neither spouse has domicile or habitual residence in Switzerland, and if at least one of them is a Swiss citizen, the judicial or administrative authorities at the place of origin have jurisdiction to hear actions or to order measures relating to the effects of marriage, provided such action or request cannot be filed or cannot reasonably be expected to be filed at the domicile or habitual residence of either spouse.
II. Applicable law
1. In general
Art. 48
1 The effects of marriage are governed by the law of the state in which the spouses are domiciled. 2 If the spouses are not domiciled in the same state, the effects of marriage are governed by the law of that state of domicile with which the case has the closest connection. 3 Where the Swiss judicial or administrative authorities at the place of origin have jurisdiction pursuant to Article 47, they shall apply Swiss law.
2. Maintenance obligations
Art. 49
Maintenance obligations between spouses are governed by the Hague Convention of 2 October 1973 on the Law applicable to Maintenance Obligations.
SR 0.211.213.01
III. Foreign decisions or measures
Art. 50
Foreign decisions or measures relating to the effects of marriage are recognised in Switzerland if they were rendered: a. in the state of domicile or habitual residence of either spouse; or b. in the state in which the marriage was solemnised and the action cannot or cannot reasonably be expected to be brought in either of the states mentioned in letter a.
Art. 50 — Amended by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).
Section 3 Marital Property Law
I. Jurisdiction
Art. 51
The following courts or authorities have jurisdiction to hear actions and to order measures relating to marital property: a. with respect to the liquidation of the marital property regime on the death of one of the spouses: the Swiss judicial or administrative authorities which, disregarding Article 88b, have jurisdiction to settle the estate, (Arts 86 to 89); b. with respect to the liquidation of the marital property regime on divorce or separation: the Swiss judicial authorities that have jurisdiction in that respect (Art. 59, 60, 60a, 63, 64); c. in all other cases: the Swiss judicial or administrative authorities that have jurisdiction to rule on the effects of marriage (Art. 46, 47).
let. a — Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309). let. b — Amended by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).
II. Applicable law
1. Choice of law
a. In general
Art. 52
1 Marital property relations are governed by the law chosen by the spouses. 2 The spouses may choose: a. the law of the state in which they are both domiciled or will be domiciled after the celebration of marriage; b. the law of the place of celebration of the marriage; or c. the law of a state of which either of them is a citizen. 3 Article 23 paragraph 2 does not apply.
Para. 2 let. c — Amended by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273). Para. 3 — Inserted by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).
b. Specific conditions
Art. 53
1 A choice of law must be agreed in writing or result with certainty from the provisions of a marital agreement; in all other respects, it is governed by the chosen law. 2 A choice of law may be made or amended at any time. A choice of law made after the celebration of marriage has retroactive effect as of the celebration date, unless the parties agree otherwise. 3 The chosen law remains applicable as long as the spouses have not amended or revoked their choice.
2. Absence of a choice of law
a. In general
Art. 54
1 In the absence of a choice of law, marital property relations are governed: a. by the law of the state in which both spouses are domiciled at the same time, or, if that is not the case; b. by the law of the state in which both spouses were last domiciled at the same time. 2 If the spouses have never been domiciled at the same time in the same state, the law of their common citizenship applies. 3 Spouses who have never been domiciled in the same state and who do not have a common citizenship are subject to the Swiss rules on separation of property.
b. Adaptation and retroactivity in case of change
Art. 55
1 If the spouses transfer their domicile from one state to another, the law of the new domicile applies with retroactive effect as from the date of the celebration of marriage. Spouses may exclude retroactivity by written agreement. 2 A change of domicile has no effect on the applicable law if the spouses have agreed in writing that the former law shall remain applicable or if they are bound by a marital agreement.
3. Form of marital agreements
Art. 56
A marital agreement is valid as to form if it satisfies the requirements of the law applicable to the agreement or the requirements of the law of the place where the agreement was concluded.
4. Legal relationships with third parties
Art. 57
1 The effects of the marital property regime on a legal relationship between a spouse and a third party are governed by the law of the state in which that spouse was domiciled at the time when the legal relationship arose. 2 However, these effects are governed by the law applicable to the marital property regime if the third party knew or should have known that law at the time when the legal relationship arose.
III. Foreign decisions
Art. 58
1 Foreign decisions relating to marital property relations are recognised in Switzerland: a. if they were rendered, or are recognised, in the state of domicile of the defendant spouse; b. if they were rendered, or are recognised, in the state of domicile of the plaintiff spouse, provided the defendant spouse was not domiciled in Switzerland; c. if they were rendered, or are recognised, in the state whose law applies to the marital property relations pursuant to this Act; or d. to the extent that they relate to immovable property, if they were rendered, or are recognised, in the state in which the respective property is located. 2 The recognition of decisions relating to marital property relations rendered in the context of measures protecting the marital union, or on a death, a declaration of nullity of marriage, a divorce or a separation are governed by the provisions of this Act relating to the general effects of marriage, divorce or succession (Art. 50, 65 and 96), with the exceptio
Para. 2 — Amended by No I of the FA of 22 Dec. 2023, in force since 1 Jan. 2025 (AS 2024 330; BBl 2020 3309).
Section 4 Divorce and Separation
I. Jurisdiction
1. In general
Art. 59
The following courts have jurisdiction to hear an action for divorce or separation: a. the Swiss courts at the domicile of the defendant spouse; b. the Swiss courts at the domicile of the plaintiff spouse, provided he or she has been residing in Switzerland for at least a year or is a Swiss citizen.
2. Jurisdiction at the place of origin
Art. 60
If the spouses are not domiciled in Switzerland and at least one of them is a Swiss citizen, the courts at the place of origin have jurisdiction to hear an action for divorce or separation, provided the action cannot or cannot reasonably be expected to be brought at the domicile of either spouse.
3. Jurisdiction at the place of celebration of mar
Art. 60a
If the spouses are not domiciled in Switzerland and if neither of them is a Swiss citizen, the Swiss courts at the place of celebration of the marriage have jurisdiction to hear an action for divorce or separation, provided the action cannot or cannot reasonably be expected to be brought at the domicile of either spouse.
Art. 60a — Inserted by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).
II. Applicable law
Art. 61
Divorce and separation are governed by Swiss law.
Art. 63 — Amended by Annex No 3 of the FA of 19 June 2015 (Equitable Pension Division on Divorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887).
III. Interim measures
Art. 62
1 A Swiss court before which an action for divorce or separation is pending has jurisdiction to order interim measures, except if such court clearly lacks jurisdiction to decide on the merits or if such lack of jurisdiction is established in a decision that has come into force. 2 Interim measures are governed by Swiss law. 3 The provisions of this Act regarding maintenance obligations between spouses (Art. 49), the effects of a parent-child relationship (Art. 82 and 83), and the protection of minors (Art. 85) are reserved.
IV. Subsequent effects
Art. 63
1 Swiss courts that have jurisdiction to hear an action for divorce or separation also have jurisdiction to rule on the subsequent effects thereof. The provisions of this Act relating to the protection of minors (Art. 85) are reserved. 1bis Swiss courts have exclusive jurisdiction to rule on claims for the division of occupational pension entitlements against a Swiss pension fund. 2 The subsequent effects of divorce and separation are governed by Swiss law. The provisions of this Act relating to the name (Art. 37 to 40), to maintenance obligations between spouses (Art. 49), to marital property relations (Art. 52 to 57), to the effects of a parent-child relationship (Art. 82 and 83), and to the protection of minors (Art. 85) are reserved.
Para. 1 — Amended by Annex No 3 of the FA of 21 June 2013 (Parental Responsibility), in force since 1 July 2014 (AS 2014 357; BBl 2011 9077). Para. 1bis — Inserted by Annex No 3 of the FA of 19 June 2015 (Equitable Pension Division on Divorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887). Para. 2 — Amended by Annex No 3 of the FA of 19 June 2015 (Equitable Pension Division on Divorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887).
V. Supplementing or amending decisions
Art. 64
1 Swiss courts have jurisdiction to hear an action to supplement or amend a decree of divorce or separation if they have issued such a decree or if they have jurisdiction pursuant to Articles 59, 60 or 60a. The provisions of this Act regarding the protection of minors (Art. 85) are reserved. 1bis Swiss courts have exclusive jurisdiction to rule on claims for the division of occupational pension entitlements against a Swiss pension fund. In the absence of jurisdiction under paragraph 1, the Swiss courts at the seat of the pension fund have jurisdiction. 2 Actions for supplementing or amending a divorce or a separation decree are governed by Swiss law. The provisions of this Act relating to the name (Art. 37 to 40), to maintenance obligations between spouses (Art. 49), to marital property relations (Art. 52 to 57), to the effects of a parent-child relationship (Art. 82 and 83), and to the protection of minors (Art. 85) are reserved.
Para. 1 — Amended by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273). Para. 1bis — Inserted by Annex No 3 of the FA of 19 June 2015 (Equitable Pension Division on Divorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887). Para. 2 — Amended by Annex No 3 of the FA of 19 June 2015 (Equitable Pension Division on Divorce), in force since 1 Jan. 2017 (AS 2016 2313; BBl 2013 4887).
VI. Foreign decisions
Art. 65
1 A foreign decree of divorce or separation is recognised in Switzerland if: a. it was issued in the state of domicile or habitual residence, or in the state of citizenship of either spouse; b. it is recognised in any of the states indicated in letter a; or c. it was issued in the state where the marriage was solemnised and the action cannot or cannot reasonably be expected to be brought in either of the states indicated in letter a. 2 However, a decree that was issued in a state of which neither spouse or only the plaintiff spouse is a citizen is recognised in Switzerland only: a. if, at the time of filing the action, at least one of the spouses was domiciled or had his or her habitual residence in that state and the defendant spouse was not domiciled in Switzerland; b. if the defendant spouse submitted to the jurisdiction of the foreign court without reservation; or c. if the defendant spouse expressly consents to recognition of the decree in Switzerland.
Para. 1 let. c — Amended by Annex No 2 of the FA of 18 Dec. 2020 (Marriage for All), in force since 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).