The case

In Switzerland, cohabiting couples (i.e. they are not married) do not benefit from the same range of legal rights and protections as married couples. For this reason it is of utmost importance to take proactive steps in order to protect both partners, especially when it comes to housing, pensions, inheritance as well as health emergencies.

Source: Laws, Regulation & Practice

The commentary

Housing and Property or Tenancy: Only the person listed on the rental contract has legal rights to the flat. In the case of a separation, the partner that is not listed can be asked to leave without notice.

Ownership: For jointly owned property, a cohabitation agreement should clearly outline the arrangements made should the couple separate.

Finances and Pensions – AHV (1st Pillar): There is no entitlement to a survivor’s pension for cohabiting partners.

Pension Fund (2nd Pillar): Survivor benefits are only paid if the partnership has lasted for at least 5 years or if there are joint children and the partner has been registered as a beneficiary.

Pillar 3a (Tied Pension Plan): You can list your partner as a beneficiary under the same conditions as the 2nd pillar (i.e. partnership lasted for at least 5 years or there are joint children).

Pillar 3b (Flexible Pension Plan): Allows for death benefit insurance. Payouts go directly to the named beneficiary and are taxed separately.

Inheritance Law and Wills – Legal Inheritance: Unmarried partners have no statutory inheritance rights.

Will: A handwritten will can designate the partner as heir. Please note: Joint wills are not permitted in Switzerland.

Inheritance Contract: A notarised contract can name the partner as an heir and the contract must be formally signed before a notary.

Health and Emergencies – Advance Care Directive: Designates the partner to make decisions in case of incapacity.

Living Will: Details medical preferences if one becomes unable to decide.

Power of Attorney: Grants authority to the partner so they can manage legal and financial matters during incapacity.

Cohabitation Agreement: It is recommended to draw up a written cohabitation agreement. This should include the following points:

• Division of household costs
• Arrangements in the event of separation
• Agreements on financial support in the event of a reduction in workload
• Arrangements for childcare and education
• Arrangements for beneficiaries in the pension fund and pillar 3a
• Agreements on death insurance
• Arrangements for the division of joint property

To ensure comprehensive cover, it is advisable to consult specialists such as notaries, pension specialists or lawyers.