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 Requirements
Art. 29 Joint application
1 If both partners request the dissolution of the registered partnership, the court shall hear the parties and examine whether the request is based on free will and mature reflection and whether an agreement on the dissolution can be approved. 2 If this is the case, the court shall pronounce the dissolution of the registered partnership. 3 The partners may jointly request that the court decide in the dissolution judgement on those effects of the dissolution which they cannot agree on.
Art. 30 Right to bring the action
Either partner may demand the dissolution of the registered partnership if the partners have been living separately for at least one year at the time the action is brought.
Section 2 Consequences
Art. 30a Surname
The person who has changed their surname on the registration of the partnership retains that surname following dissolution; he or she may at any time declare before the civil registrar the wish to revert to the name by which he or she was known prior to the registration of the partnership.
Art. 30a — 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. 31 Inheritance law
1 Once the registered partnership is dissolved, the partners’ statutory right to inherit from each other no longer applies. 2 Unless there is an instruction to the contrary, partners may not raise any claims based on testamentary dispositions: 1. following the legal dissolution of the partnership; 2. following the death of a partner if dissolution proceedings that result in the surviving partner losing his or her right to claim the statutory entitlement are ongoing at the time.
Para. 2 let. 2 — Amended by Annex No 1 of the FA of 18 Dec. 2020 (Succession Law), in force since 1 Jan. 2023 (AS 2021 312; BBl 2018 5813).
Art. 32 Division of the common home
1 If for good cause a person must remain in the common home, the court may transfer the rights and obligations under the tenancy agreement to that person provided this is not inequitable for the other. 2 The previous tenant is jointly and severally liable for payment of the rent up to the date on which the tenancy ends or may be terminated pursuant to the tenancy agreement or by law, but for a maximum period of two years. If an action is brought to recover rent due, he or she is entitled to set off the amount paid against any maintenance payments in instalments equal to the amount of the monthly rent. 3 If the home belongs to one of the partners, the court may, on the conditions under paragraph 1, grant the other person a right of residence for a fixed term in return for reasonable compensation or set-off against maintenance payments. Where new and compelling reasons so require, the right of residence may be restricted or revoked.
Art. 33 Occupational pension scheme
The withdrawal benefits acquired under the occupational pension scheme throughout the registered partnership are divided in accordance with the occupational pension scheme regulations under divorce law.
Art. 34 Maintenance payments
1 After the dissolution of the registered partnership, each partner is basically responsible for his or her own maintenance. 2 A person who, due to the division of duties, has been unable or had limited opportunity to work during the registered partnership, may demand appropriate maintenance payments from their partner until they can maintain themselves from their own gainful activity. 3 Furthermore, a person may demand appropriate maintenance payments if they become indigent due to the dissolution of the registered partnership and the partner can be expected to pay the maintenance payments in the overall circumstances. 4 Article 125 paragraphs 2 and 3 as well as 126–134 CC is otherwise applicable mutatis mutandis.
Para. 4 — SR 210 Para. 4 — 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).