New form of partnership is one step ahead

Published: Wednesday, Oct 30th 2024, 13:10

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In future, there could be a new legal form for couple relationships in addition to marriage. The responsible Council of States committee has defined the key parameters for a "Pacte civil de solidarité" (Pacs). The administration will now draw up a draft law.

The introduction of a Pac for partnerships is a step further. The Legal Affairs Committee of the Council of States (RK-S) is proposing the creation of a new legal form for partnerships that guarantees the legal security of people in committed relationships without competing with marriage, as the Parliamentary Services announced on Wednesday.

The mixed form of marriage and cohabitation was initiated by Andrea Caroni (FDP/AR), member of the Council of States, with a parliamentary initiative that was approved by both responsible parliamentary committees. The RK-S has now outlined the details.

The pact, which is easy to conclude and dissolve, should therefore be open to all couples and have no effect on marital status, name, child relationship or tax situation. However, the pact should offer couples a certain degree of security and mutual recognition and protect their children in the event of separation.

Geneva and Neuchâtel have already introduced pacs at cantonal level, with which both the population and the authorities are generally satisfied. The Federal Council also wrote in a report in spring 2022 that a Pacs could be a possible alternative to marriage and cohabitation.

Today, the Swiss legal system recognizes two forms of couple relationships: marriage and virtually unregulated cohabitation. Both forms of couple relationships have their own great value and should be preserved, Caroni emphasized in the justification for his initiative. The potential users of a Pac are, in particular, young couples for whom it is still too early to get married, but also older people who do not want to remarry.

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