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With marriage for all, the discussion about alternatives in Switzerland has not stopped. A look at Europe shows that.
Since July 1, everyone in Switzerland has been able to marry, men including men and women including women. With marriage for all, the registered partnership is lost. Marriage or unmarried cohabitation – that’s the new motto. Switzerland lags behind other European countries in terms of partnership alternatives to marriage. At least in those countries that also know marriage for everyone.
In Austria, England and Wales, for example, registered partnership is still possible for everyone despite the introduction of marriage. Belgium, France, Luxembourg and the Netherlands have even created an alternative to marriage.
No standstill in Switzerland
There is still a lot going on in Switzerland. At federal level, for example, a parliamentary initiative is calling for the introduction of a “Pacte Civil de solidarité”, or PACS for short. It would be a middle ground between marriage and concubinage based on the French model.
Initiator and FDP Councilor of States Andrea Caroni sees the PACS as more of a “cohabitation plus” than a “light marriage”. Couples should promise each other financial support or be able to represent each other if one of the partners becomes incapable of judgment for medical reasons. A majority of the State Council Legal Commission signed the request. The chances are not bad that one day a bill will come before Parliament.
Neuchâtel and Geneva know «pacsé»
There are also other intermediate forms at cantonal level in Switzerland: Geneva and Neuchâtel already have the Partenariat Cantonal (PACS). In the canton of Neuchâtel, for example, the couples go to a notary, where a declaration is read out to them. Then the promise follows – and you’re “pacsé”.
The idea comes from France, where the Pacte civil de solidarité (Pacs) has been in force since 1999 – for mixed and same-sex couples. And with far-reaching consequences, how the state treats couples in taxes or social benefits.
Good reasons for middle ground
Geneva introduced this PACS in 2001, three years before Neuchâtel. Here, too, it applies to mixed and same-sex couples. But the consequences are less far-reaching in both cantons than in France: Individuals are taxed individually, one does not automatically become an heir and the marital status remains “unmarried”. However, it is easier for couples to sign a housing contract together and they are treated like married couples in the hospital.
Some couples would conclude a PACS precisely because it doesn’t go as far as a marriage, explains Neuchâtel notary Pascal Hofer: “Some don’t want to get married anymore because they’ve been married before. For others, marriage is out of the question for tax reasons.”
Another side issue
But in both Neuchâtel and Geneva, the PACS has so far remained a marginal phenomenon. Both cantons record many more weddings. Nevertheless, the symbolic value of the Partenariat Cantonal is important, according to Yves de Matteis, who fought for the introduction of the PACS in Geneva: “It is a need, even if only for a minority.” Notary Hofer would also welcome an introduction at federal level.
At the end of March, the Federal Council presented a report on a “Swiss-style PACS”. However, it will be at least five years before a middle ground between marriage and concubinage is introduced in Switzerland.