Switzerland: The federal government advises against marriage because of a gap

Since the vote on marriage for all, it has been clear: registered partnerships can be converted into a marriage. A few weeks before today's launch, however, it became clear that not only is a conversion possible, but couples in a registered partnership can also get married properly. Just like couples who had not previously regulated their relationship in a partnership. This is called a marriage ceremony with marriage preparation procedures.

Pink Cross: Community unsettled

Roman Heggli from Pink Cross, the umbrella organization for gay and bisexual men, said nobody expected that couples in a registered partnership would also be able to get married.

“That was never an issue in the whole political process. It was actually always clear that registered partnerships can only be converted into a marriage,” says Heggli. Accordingly, the topic of marriage led to a great deal of uncertainty.

Official notification creates additional confusion

Suddenly the new possibility of getting married: That in itself was confusing for the couples. But that was not all: in Zurich, the registry office sent a message to all persons in registered partnerships, according to which there were "legal ambiguities" in the case of a wedding. Many of those affected did not understand this.

As a result, Pink Cross received a wave of inquiries. The same applies to Werner Jahnel, a specialist lawyer in inheritance and family law. This is not a good sign in a constitutional state when the office responsible for the marriage informs those interested that there are legal uncertainties.

Open: crediting years together at marriage

These uncertainties specifically concern the question of whether the years spent together in the registered partnership are counted towards the marriage. This is how it is with the conversion: Anyone who has been in a registered partnership for ten years is considered to have been married for ten years. In the case of the right marriage, however, it is unclear whether the years are also counted.

“This plays a role, especially in the case of facilitated naturalization. Here you have to have been married for three years for this to be possible. In this case, this three-year period would start again,” explains David Rüetschi, head of the Federal Office for Civil Status.

It is also important for the pension calculation or in the event of a divorce whether the years in the registered partnership are counted. On the other hand, marriage, unlike conversion, allows couples to redefine their name.

Clear legal loophole

How is it possible that after the long preparation for marriage, open questions now arise for everyone? There is a loophole here, Rüetschi concedes: “This case was not explicitly regulated. This is, of course, unsatisfactory for those affected because at most there can be a great deal of legal uncertainty on an important point.

The approximately 10,000 couples in Switzerland with a registered partnership must therefore think carefully about which path they choose to get married. The Swiss Federal Office for Civil Status recommends that all couples who are trying to obtain easier naturalization play it safe and opt for conversion instead of a real marriage.