"Marriage for all" in force as of 1 July 2022

Since the Swiss Civil Code entered into force in 1912, Swiss marriage and family law has evolved during time due to the shifting views regarding equality between the parties involved. The introduction of the registered partnership in 2007 created a special civil status for registered same-sex couples. While this was a progress, it did not lead to an equal treatment compared to matrimony. Therefore, a parliamentary initiative was launched in 2013 and called on the legislator to open the marriage to all couples, regardless of their sexual orientation. On 26 September 2021, the marriage for all won thumping approval of the Swiss electorate. This makes Switzerland the 30^th country worldwide – and one of the last in Western Europe – to extend civil marital status to male-male and female-female couples.

As of 1 July 2022, matrimony is open to same-sex couples in Switzerland. It is no longer possible to establish new registered partnerships. Nevertheless, existing registered partnerships will continue to exist, provided they are not converted into a marriage by the couple's joint declaration at a civil registrar of their choice.

As a default rule of law, registered partnerships were subject to the rules of separation of property (absent overriding contractual provisions agreed-upon by the couple). Under the new law, the regime of participation in acquired property shall apply to same-sex marriages as a standard rule of law. As a result, the position of the surviving spouse is strengthened.

If a registered couple converts their partnership to marriage, the rules on participation in acquired property will apply retroactively unless the couple has previously entered into a nuptial agreement or, alternatively, changes the application of the statutory law by contract. Hence, an existing nuptial agreement remains valid beyond the conversion.

With the possibility to marry, same-sex couples acquire full adoption rights. They may adopt the child of their partner and may also adopt jointly.

Finally, the simplified naturalization procedure is now also open to married same-sex couples.