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 General Rights and Obligations
Art. 12 Support and consideration
The two partners shall offer each other support and show consideration for each other.
Art. 12a Surname
1 The partners are not required to change their surnames. 2 When registering the partnership, however, they may declare to the registrar that they wish to use the surname of one of the partners as their common name.
Art. 12a — Inserted by No II 2 of the FA of 30 Sept. 2011 (Names and Citizenship), in force since 1 Jan. 2013 (AS 2012 2569; BBl 2009 7573 7581).
Art. 13 Living expenses
1 The two partners shall each contribute, as far as they are able, to the proper maintenance of their partnership. In addition, Articles 163–165 of the Civil Code (CC) apply mutatis mutandis. 2 If they cannot agree, the court shall on request determine the financial contributions towards maintenance. The contributions may be claimed for the future and for the year before filing the claim. 3 If a partner does not fulfil his or her duty of maintenance, the court may instruct his or her debtors to make the payments in whole or in part to the other partner.
Para. 1 — SR 210 Para. 1 — Second sentence inserted by Annex No 1 of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
Art. 14 Joint home
1 A partner requires the express consent of the other partner in order to terminate a lease, sell the joint home, or restrict the rights to the joint living area through other legal transactions. 2 If consent cannot be obtained or is refused for no valid reason, the matter may be taken to court.
Art. 15 Representation of the partnership
1 While cohabiting, both partners represent the partnership with regard to their day-to-day needs. 2 A partner may represent the partnership with regard to the other needs of the union only if: a. authorised so to do by the other person or by court order; or b. the interests of the partnership brook no delay and the other person is unable to consent due to illness, absence or other similar reasons. 3 Each partner is personally liable for his or her own actions and, to the extent that these do not exceed his or her powers of representation in a manner apparent to third parties, also renders the other person jointly and severally liable for such actions. 4 If a partner exceeds his or her power to represent the partnership or proves incapable of exercising it, at the other partner’s request the court may revoke such power in whole or in part. The revocation is effective towards third parties acting in good faith only if it has been made public by order of the court.
Art. 16 Obligation to provide information
1 The partners must provide each other with information on their respective incomes, assets and debts. 2 On request, the court may order a partner or a third party to furnish the information required and to produce the necessary documents. 3 This does not apply to any information held by lawyers, solicitors, doctors, clergy and their auxiliary staff which is subject to professional confidentiality.
Art. 17 Termination of cohabitation
1 Each partner is entitled to terminate cohabitation for good cause. 2 On request, the court must: a. determine the monetary contributions which the partners owe each other; b. issue rules on the use of the home and the household effects. 3 A partner may also make such request if the other partner refuses to cohabit without good cause. 3bis If a partner has adopted a minor child from the other partner, the court must take the necessary steps in accordance with Articles 270–327c CC. 4 If circumstances change, at the request of either partner, the court shall modify the measures or revoke the same.
Para. 3bis — SR 210 Para. 3bis — Inserted by Annex No 1 of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).
Section 2 Property Law
Art. 18 Assets
1 Each partner has his or her own assets. 2 Each partner shall be use his or her own assets to cover his or her own debts.
Art. 19 Proof
1 Any person who asserts that a specific object or asset is owned by one or other partner bears the burden of proof. 2 If no such proof may be adduced, there is a presumption of co-ownership.
Art. 20 Inventory
1 Each partner may at any time require the other’s cooperation in drawing up an inventory of their joint assets in the form of a public deed. 2 Such an inventory is deemed accurate if made within one year of the inclusion of such assets under the regime.
Art. 21 Management mandate
Where one partner expressly or tacitly entrusts management of his or her assets to the other, the provisions governing agency apply unless otherwise agreed.
Art. 22 Restriction of power to dispose of assets
1 To the extent required to ensure the partnership’s financial security or fulfilment of a financial obligation arising from the registered partnership, at the request of either partner the court may make the other partner’s power to dispose of certain assets conditional on the petitioning partner’s consent and take protective measures. 2 If the measure concerns immovable property, the court shall record it in the land register.
Art. 23 Debts between partners
1 If there are debts between the partners and the debtor has serious difficulties in repaying his or her debt, the debtor may request an extension of time, provided that this is reasonable for the other partner. 2 The claim shall be secured, where circumstances so require.
Art. 24 Allocation of co-ownership
Where one partner proves an overriding interest in an asset in co-ownership, notwithstanding any other legal measures available, he or she may request the undivided allocation of this asset in return for paying compensation to the other partner on dissolution of the registered partnership.
Art. 25 Property agreement
1 The two partners may enter into an agreement on specific arrangements for the event that the registered partnership is dissolved. In particular, they may agree that the assets be divided in accordance with Articles 196–219 of the Swiss Civil Code. 2 … 3 The property agreement must be drawn up and certified in due legal form, and signed by the parties and, where applicable, by the legal representative. 4 Articles 185 and 193 CC apply accordingly.
Para. 1 — SR 210 Para. 1 — Second sentence amended by Annex No 1 of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877). Para. 2 — Repealed by Annex No 1 of the FA of 18 Dec. 2020 (Succession Law), with effect from 1 Jan. 2023 (AS 2021 312; BBl 2018 5813).
Section 3 Specific effects
Art. 26
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).
Art. 27 Children of the partner
1 If a person has children, his or her partner shall provide him or her with reasonable assistance in the fulfilment of the duty of maintenance and in the exercise of parental authority and shall represent him or her if the circumstances so require. Parental rights, however, shall be respected in all cases. 2 The guardianship authority may, subject to the requirements of Article 274a CC grant rights of contact with the child in the event that the partners no longer cohabit and the registered partnership is dissolved.
Para. 2 — SR 210
Art. 27a Adoption of step-children
Where a person has adopted the minor child of his or her partner, Articles 270–327c CC apply by analogy.
Art. 27a — Inserted by Annex No 1 of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877). SR 210
Art. 28 Adoption and reproductive medicine
Persons who live in a registered partnership are not permitted to adopt together or to undergo medically assisted reproductive procedures.
Art. 28 — Amended by Annex No 1 of the FA of 17 June 2016 (Adoption), in force since 1 Jan. 2018 (AS 2017 3699; BBl 2015 877).