02 June 2026

PACS in Switzerland: A new legal framework for couples outside of marriage?

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  • Compliance
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  • Inheritance / Succession

In Switzerland, the introduction of a formal civil partnership is under discussion. The bill aims to provide individuals with greater legal certainty in their daily lives while living together, without assuming the far-reaching legal consequences of marriage.

  • Alexandra Geiger

    Legal Partner

To date, cohabitation in Switzerland has been subject to very limited legal regulation, leading to significant legal uncertainty. With the formal civil partnership, the PACS, a new legal framework for unmarried couples, regardless of gender, is under discussion in Switzerland. The bill aims to provide individuals with greater legal certainty in their daily lives while living together, without assuming the far-reaching legal consequences of marriage.

The draft bill views the PACS as “cohabitation plus”. In particular, it provides for mutual obligations of support and maintenance, protection of the family home, rights of representation in daily life (such as entering into contracts to meet ongoing needs), protection of the shared home (in the case of a jointly managed household), as well as powers of representation in the event of incapacity, including regarding medical measures. Legal provisions to protect children in the event of separation or dissolution, such as the civil court’s jurisdiction over disputed child-related matters or the possibility of judicial allocation of the family home, are further envisaged.

In contrast, key effects of marriage are excluded: the PACS would have no impact on civil status, name, citizenship, or parentchild relationships. It does not establish a statutory matrimonial property regime and does not confer privileged status under inheritance law. PACS partners are also to be treated as individuals under social security and tax law. This means there is no entitlement to the division of AHV credits or occupational pension benefits, no entitlement to spousal support, and the death of a partner does not trigger any entitlement to survivor benefits.

According to the preliminary draft, two models are under discussion for the establishment of the PACS: execution of a public deed before a notary, which allows for legal advice, or a joint declaration at the civil registry office. It should be possible to register the PACS in the Infostar civil registry.

Dissolution of the PACS should be simple, quick, and without the initiation of court proceedings. This occurs either by mutual agreement or unilaterally by submitting the respective declaration to the civil registry office. The PACS is deemed dissolved after a short 30-day cooling-off period to protect against hasty decisions. By law, the PACS ends upon marriage or the death of a partner. 

In the international context, foreign formal civil partnerships should be recognized; however, their legal effects are generally governed by the law of the state in which the partnership was established. Certain special connecting factors, such as representation and the family home, are nevertheless provided for.

The consultation on the bill will run until mid-September 2026. It remains to be seen whether and in what form the PACS will be introduced.
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