Unmarried couples
Unmarried couples in Switzerland enjoy virtually no automatic legal protection: there is no right to spousal support between partners or to the split of marital property, no statutory right of inheritance, and no automatic division of pension benefits in the event of separation. We bridge these gaps with a customized cohabitation agreement, clear provisions regarding property, wills, and pension fund beneficiaries, as well as—in cases where there are children—an arrangement regarding parental custody. Especially in international situations—such as when one partner is not from Switzerland or assets are held abroad—we provide you with strategic and discreet guidance to ensure that your partnership is as legally secure as it can get—without a marriage certificate.
Contact: contact@alkatout-legal.ch I +41 22 512 04 05
Switzerland does not have the concept of a common law marriage; simply living together does not create a legal relationship comparable to marriage. Maintenance claims exist only with respect to joint children (Art. 276 et seq. of the Swiss Civil Code), not between the partners themselves. The matrimonial property regime applies exclusively to married couples; for unmarried couples, the allocation of assets is governed by the general rules of sole or joint ownership, which regularly leads to issues of proof and demarcation in the case of jointly financed purchases—such as an apartment, a bank account, or a vehicle. Furthermore, the equalization of occupational pension benefits—which occurs automatically in the event of a divorce—does not apply when unmarried couples separate. And without a will, the partner has no statutory right to inherit. We therefore generally recommend settling the key issues early on through a contract and a will—before a separation or death forces you to do so.
A cohabitation agreement governs in particular contributions to shared expenses such as rent and household costs, ownership of jointly acquired assets—especially residential property—the procedure in the event of a separation, and, in conjunction with a will, provisions in the event of death. However, not all matters concerning children can be regulated by a private agreement: parental responsibility, physical custody, and child support are subject to official and judicial oversight in the best interests of the child, regardless of what the parents agree upon in their contract.
Since the 2014 reform, joint parental responsibility has generally been the norm even for unmarried parents, provided that paternity has been acknowledged or established by a court (Art. 296 et seq. of the Swiss Civil Code). If not, parental custody initially rests solely with the mother. We provide support with the acknowledgement of paternity, with the joint declaration of parental custody, and—where necessary—in court proceedings regarding custody, care arrangements, and child support. Children’s interests must be addressed legally regardless of the parents’ marital status.
ESTATE PLANNING AND INHERITANCE LAW: PROTECTION IN THE EVENT OF DEATH
Unmarried partners are not legal heirs and are not entitled to a statutory share of the estate. Since the revision of inheritance law on January 1, 2023, the freely disposable portion has been expanded, meaning that, in principle, more assets can be bequeathed to a life partner—however, a will or inheritance contract remains mandatory for this purpose. Equally important: many pension fund regulations allow a partner to be named as a beneficiary in occupational pension plans, but require an explicit written notification and, in many cases, proof of several years of cohabitation. We review the specific regulations of your pension fund and assist with the necessary declarations to ensure that nothing is left to chance in the event of an emergency.
SEPARATION WITHOUT A MARRIAGE CERTIFICATE AND INTERNATIONAL SITUATIONS
Unmarried couples do not need court proceedings to separate—but without a contract, disputes over property, tenancy, or joint accounts can be significant. In cases of domestic violence, civil law protective measures such as restraining orders and exclusion orders apply regardless of marital status. For international couples—for example, when one partner is not from Switzerland or assets are located abroad—additional questions arise regarding the applicable law, the enforceability of the cohabitation agreement abroad, and cross-border estate planning. We regularly assist with such situations, particularly when they involve Germany, France, the United Kingdom, or the United States.
We serve unmarried couples with the same care and discretion as married couples—strategically, personally, and without going through an anonymous firm. With us, you speak directly with the attorney, not with a changing team. When the situation calls for it, we draw on our specialized network—notaries for wills and inheritance agreements, financial planners for retirement planning, and, if needed, communications specialists. We operate in both German- and French-speaking Switzerland and—together with partner law firms in more than 80 countries—are also here to assist you with cross-border matters.
Very few are automatic: There is no legal right to spousal support between partners, no division of marital property, no statutory right of inheritance, and no pension rights equalization in the event of separation. Claims exist only with respect to joint children. We recommend a cohabitation agreement and a will to address the most important issues on an individual basis.
In particular, it sets forth the financial contributions, the ownership of joint assets, and the procedures to be followed in the event of separation. Matters concerning children cannot be conclusively settled in this agreement, as these are subject to official oversight in the best interests of the child.
In principle, both parents share custody, provided that paternity has been acknowledged or established by a court (Art. 296 et seq. of the Swiss Civil Code). In the absence of acknowledgment, custody initially rests solely with the mother.
Without a will, you will inherit nothing, since unmarried partners are not legal heirs. A will or inheritance agreement, as well as a beneficiary designation with the pension fund, provide the necessary protection.
Yes. Civil law protective measures, such as restraining orders and exclusion orders under Article 28b of the Swiss Civil Code, are available regardless of marital status.