Don’t miss the statutory period

Approval of the “Marriage for all” proposal has retroactive implications with regard to the matrimonial regime for same-sex couples who marry abroad before 1 July 2022 but have no prenuptial agreement (see edition 1/2022 of “Swiss Review”). Under Swiss law, joint ownership of property applies retroactively to same-sex couples (instead of separation of property). For this reason, either same-sex spouse can inform the other spouse in writing by 30 June 2022 that their existing matrimonial regime will continue to apply. This declaration must be personally signed.