The Swiss marriage — from registration at the civil registry office to the matrimonial property regime. What international couples should know.
Marriage in Switzerland is governed by the Civil Code (Art. 90 et seq.). It is an act of public law, not a private contract — and it triggers a series of legal consequences, from maintenance obligations to the matrimonial property regime. Anyone marrying should know these consequences.
Requirements
Both persons must be of age (18) and have capacity of judgment. No impediment to marriage may exist — no other existing marriage or registered partnership, no close relationship in the direct line or siblings.
Persons who are not Swiss citizens must prove their lawful residence in Switzerland. Those without lawful residence cannot in principle marry — a so-called residence-permit check (Art. 98 para. 4 CC) is part of the procedure.
Procedure at the civil registry office
Registration at the civil registry office at the residence of one of the two persons. To be submitted: passport or ID, residence permit (for foreigners), birth certificates, for previously married persons the divorce or death certificate of the former partner. All foreign documents need an apostille (or the corresponding legalisation under treaty) and a certified translation into a Swiss official language.
After verifying completeness, the capacity to marry is established. The wedding takes place at the earliest ten days after completion of the preparatory procedure — this reflection period is mandatory.
Matrimonial property regime
Without a matrimonial property contract, the participation in acquired property regime applies (Art. 196-220 CC): each spouse keeps their own property (what belonged before the marriage plus inheritances/gifts during the marriage), but the property acquired during the marriage is divided in half upon separation or death.
By matrimonial property contract (publicly notarised), three alternatives are possible: separation of property (each keeps everything separately), community of property (everything becomes joint), or modified participation in acquired property (e.g. with agreement on the division of surplus).
Personal consequences
Both spouses owe each other loyalty, assistance and mutual consideration (Art. 159 CC). They are jointly and severally liable for the ongoing needs of the family household. The family home enjoys special protection — even if only one spouse is tenant or owner, the other's consent is required for termination or sale.
International marriages
For marriage abroad: recognition in Switzerland via the civil registry office with apostille and certified translation. Switzerland in principle recognises marriages contracted abroad, provided they comply with the substantive requirements of the law of residence and do not violate Swiss public policy (polygamy is not recognised, child marriages neither).
The matrimonial property law applicable in Switzerland is determined by residence — not automatically by the place of marriage. Those who married in Ukraine and then moved to Switzerland are in principle subject to Swiss matrimonial property law from the change of residence. Those who want to change this need an appropriate matrimonial property contract with choice of law.
Divorce — a brief outlook
Those who marry should know what happens in case of separation. Divorce by mutual consent with comprehensive agreement is possible; even in a dispute, the two-year separation period is no longer a mandatory requirement (it was abolished in 2010). What remains is pension equalisation, division of the acquired property, post-marital maintenance and — if there are children — child matters.