About Marriage Law in Zurich, Switzerland
Marriage law in Zurich, Switzerland is governed by the Swiss Civil Code. The law defines marriage as a contract entered into by two persons, irrespective of gender, to live permanently as a married couple. Both the Swiss and foreign nationals residing in Zurich can marry under Swiss law provided they meet the necessary legal requirements including the minimum age of 18 and consenting freely to the marriage.
Why You May Need a Lawyer
Engaging a lawyer can be beneficial in several situations related to marriage in Zurich. Complex issues such as prenuptial agreements, divorce, custodial matters, and disputes over financial assets may arise. In such cases, a lawyer advises on the rights and responsibilities of the parties and guides them through the legal procedures. Even in case of a straightforward marriage, a lawyer can help navigate the legal paperwork, especially for foreigners unfamiliar with Swiss laws.
Local Laws Overview
Swiss law offers two types of official unions: marriage and registered partnerships. The minimum age for marriage is 18. Same-sex marriages are not considered marriages according to Swiss law, however, they are recognized as registered partnerships. Prenuptial agreements are allowed under Swiss law and need to be notarized. Switzerland also practices the matrimonial property regime, where the property brought into and accumulated during the marriage are shared equally unless decided otherwise through a legally valid agreement. In the event of divorce, child custody is determined considering the child's best interest.
Frequently Asked Questions
1. How do I get married in Zurich as a foreigner?
Foreigners can marry in Zurich if one or both parties are legally resident in Switzerland. Documentation proving identity, marital status, residency and that the marriage consents are freely given, are required. These documents also need to be translated into one of the official Swiss languages.
2. Are prenuptial agreements valid in Switzerland?
Yes, they are valid but must be notarized according to Swiss marital property law and can cover aspects like property division, financial assets, and pension funds.
3. Is same-sex marriage legal in Switzerland?
Currently, Switzerland does not recognize same-sex marriages, but supports registered partnerships for same-sex couples.
4. What is the process of divorce in Zurich?
In Switzerland, either spouse can file for divorce. The usual grounds for divorce are irreparable breakdown or living separately for two years. The court looks into child custody, child, and spousal support, and division of property.
5. Can I change my name after marriage in Zurich?
Swiss law allows you to keep your surname or take your spouse’s surname after marriage. This choice must be made at the time of marriage and applies to both genders.
Additional Resources
City of Zurich Civil Registry Office manages all matrimonial matters and family law for residents in Zurich. More information on living in Switzerland can be found on the official page of the Federal Immigration Office. Swiss Law companies and notaries also provide legal services for marital and family law.
Next Steps
If you need legal assistance, contact a family lawyer or a notary in Zurich. They can guide you through the process and provide legal advice tailored to your situation. You could also reach out to organizations offering informational services on legal matters in Zurich
.
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The information provided on this page is intended for informational purposes only and should not be
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frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal
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