Same-Sex Partnership Act (SSPA)
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 ...
Art. 3 and 4
Repealed by Annex No 1 of the FA of 18 Dec. 2020 (Marriage for All), with effect from 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).
Section 2 ...
Art. 5–8
Repealed by Annex No 1 of the FA of 18 Dec. 2020 (Marriage for All), with effect from 1 July 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).
Section 3 Nullity
Art. 9 Absolute grounds for nullity
The registered partnership shall be declared null and void if: a. 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; b. 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; c. the partners are related in direct line, or are siblings or half-siblings; d. 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; e. either of the partners did not give their free consent to the registration of the partnership.
Art. 9 — Amended by Annex No 3 of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590; BBl 2023 2127).
Art. 9a Absolute grounds for nullity: Registered partnerships with minors
1 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. 2 However, the registered partnership shall remain valid if the partner in question: a. 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 b. 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.
Art. 9a — Inserted by Annex No 3 of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590; BBl 2023 2127).
Art. 9b Absolute grounds for nullity: Action
1 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. 2 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. 3 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.
Art. 9b — Inserted by Annex No 3 of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590; BBl 2023 2127).
Art. 10 Relative grounds for nullity
1 Either partner may bring an action before the court to have the registered partnership declared null and void on the grounds of vitiated consent. 2 The action for nullity must be filed within six months of acquiring knowledge of vitiated consent, but no later than five years after registration. 3 If the claimant dies during the proceedings, an heir may continue the proceedings.
Art. 10 — Amended by Annex No 3 of the FA of 14 June 2024 (Measures against Marriages involving Minors), in force since 1 Jan. 2025 (AS 2024 590; BBl 2023 2127).
Art. 11 Effects of the judgment of nullity
1 The registered partnership shall cease to be valid on the date on which the judgment of nullity takes legal effect. 2 Inheritance claims shall lapse retroactively. Otherwise, the provisions on the effects of legal dissolution apply mutatis mutandis.