Recorded union of homosexual couples - legal, hereditary and fiscal regulation.

The homosexual couples are always discriminated in many social amble, professional and economic. The oppression endured from the homosexuals couples are not available. In some countries of the world, the homosexuality is even endorsed from the criminal code, which for similar contingency previews nothing little less than the death penalty.

In Switzerland, the social woven is fortunately developed in the course of the last years and the sexual tolerance seems an acquired fact now, at least in the majority of the voting population. Evidence is that in the course of the month of June 2005, the Helvetic people have adopted for legal way the new federal law on the recorded domestic union of homosexual couples, which remarkably improves the legal position of the homosexual couples, even if the same one cannot be equivalent to 100 % to the wedding. Like described later on, many rights and duties of the institute of the wedding, they are found again consolidates also in the new law in review.

The new federal law permit the homosexual couples to record their union de facto to the Office of the marital status and therefore to guarantee and to sanction the inviolability of the legal profile. The domestic union of homosexual couples, if duly recorded, beyond consolidating the affective cohesion, it represents the dowel most important in order to regularize and to consolidate with rights and mutual duties a union, that for many aspects is comparable to the wedding. Moreover, in fiscal, hereditary ambit, of the social assurances and the professional provident, the new law equalize the homosexual couples by the same standards of those heterosexual.  

There are however limits, intentionally tax from the legislator. As an example, to an homosexual couple it is not granted to adopt a child. Also the new metolocally of assisted procreation (artificial insemination) are not legally possible. For the homosexual couple, is therefore still not possible to found a family in the true sense of the word. Also however, although determined limitations, it can calmly be asserted, that a greatest step ahead has been berthed in the Helvetic legislation, to tutelary much good the homosexual couples, that they have now the opportunity to consolidate legally their communion and to adopt responsibility, rights and mutual duties.

The law in narrative regulates very in detail and in a prominent way the union of homosexual couples.

As saying, two persons of the same sex can recording their union de facto by the Office of Civil Status. In such case, the recorded persons will not be considered like spouses, but as couple disciplined from a recorded domestic union.  The law previews much precise conditions for being able to perfect this recording. Both of the partners must have completed the 18° year of age and be able of discernment. The recorded union, as an example is prohibited between related in direct line and german brothers or sisters, blood relations or uterine.

It goes from himself that both of the partners do not have already be bound from a recorded domestic union or from a wedding. Saying otherwise, the partners must be free from the point of view of the Civil Status. Saying still otherwise, who is bound from a recorded domestic union cannot contract wedding.  It will be remembered that the wedding between persons of the same sex celebrates in the foreign country is not recognized in Switzerland. From the point of view of the Swiss authorities, these couples cannot be considered united from the matrimonial tie. However, the change of the surname taken part later on to a wedding of this kind can be enrolled in the Swiss registries of the Civil Status. According to the federal law on the recorded domestic union of homosexual couples, a celebrated valid wedding in the foreign country between persons of the same sex will be recognized in Switzerland like recorded domestic union.

The recording near the Office of the Civil Status goes personally carried out from both partners and must be corroborated from one official document series, that our company Miralux Fiduciaria Sagl can demand and prepare for the disposed customers to perfect the recording.

It is useful to underline that the recording of the domestic union is public. That means that all the citizens can verify the recording of the unions by the Office of the Civil Status.

The homosexuals partners who have recorded their union are obligate to assist themselves and to mutually respect themselves, beyond that to supply in common to the maintenance of the domestic union, everyone in the measure of the own availabilities. Moreover, they can decide (to sell, to rent, to cancel a leas contract, to pawn, to mortgage, etc.) of their common habitation only with the consent of both.   Upon request they must exchanged mutual information on their yields, the substance and the debits, as it happens already for law for the heterosexual couples.

If a partner does not adepter to the obligation of maintenance and/or of the attendance to favours of the other partner, this last one can boldness the lawyers ways  and demand to the judge the fulfilment order.

The recording of the domestic union, it does not have consequences on the legal surname. Every partner maintains just the own surname.

During the common life, every partner represents the domestic union for the needs currents of the same one, of such risen that its actions obligate firmly also the other partner. However, every partner has the own possessions and answers personally of its debits. In order to avoid misunderstood, every partner can prepare an inventory of its possessions, operation that the Miralux Fiduciaria Sagl can help you to draft.

For through of one patrimonial convention, that the Miralux Fiduciaria Sagl can assist  you in its writing, the partners can agree to a special regulation in case of dissolution of the recorded union. Moreover, always through one convention of this nature, it is possible to decide that the possessions of the partners are uniforms according to determined lawyers norms rather than others. In practical, the recorded couples, can, through one special convention, to equip of a legal discipline on measure to dependency of their requirements and expectations.

A convention in such sense is as an example highly advisable in the case in which one of the partners had sons. The convention will have to discipline various problems of legal and hereditary nature that could rise.

For how much it concerns the right of the aliens and the Swiss citizenship, they are worth the same conditions that are applied to the heterosexual spouses. For the recorded couples however is not given the possibility to approach the procedure of facilitated naturalization.

In the within of the successory right, the social assurances and the professional provident, the law previews for the homosexual couples the same rights and duties of the heterosexual spouses.  It is however opportune to regulate such aspect by means of one special convention  and/or a testament. It does not go in fact to forget that the law in narrative is newest and that for same does not exist some previous jurisprudential, neither in Switzerland, neither to the foreign country. It will be therefore easy to be comprised as it is difficult to regulate and to preview determined situations where, as it is the case in the this legally newest within, experiences and decisions do not exist.

In so far as the Miralux Fiduciaria Sagl will be able to assist you and to advise at best what is to do.

Tasks as an example to the fact that the law previews for the couple that it wants to melt the union of common agreement, the obligation to address to the civil judge. If the partners live separate at least to one year, the dissolution of the recorded union on request of a single partner is also possible. In such event, to determined, restrictive conditions, the civil judge can order the contributions of maintenance in favour of a partner and to load of the other.

With the new law, they previews finally that a partner, that for years it has been taken care of the economy and the domestic attendance for its partner, it has straight for law to a part of the inheritance. The portion of inheritance is in such identical case of the spouse survivor of one heterosexual couple.

Thanks to the new law, a partner who interrupts its lucrative activity in order to dedicate itself to the cure of its partner can now look at itself to recognize one unearned income of maintenance in case of dissolution of the recorded union.

With the recording of their union, the homosexual partners have therefore the possibility to consolidate and to discipline in sure and clear way their communion of life.

The law on the recorded domestic union, although it does not imply onerous adaptations to the homosexual couples, it imposes previously nonexistent rights and obligation. It is advisable this case to preview through one convention the relationships for debit/asset between the partners.

The recorded domestic union is the most modern legal institute, truly much flexible, that detailed list is lend much well to a regulation made on measure for the homosexual couple, that through a special convention it can therefore regulate the own advantages, tasks and obligation.

It is remembered that the law on the recorded domestic union will enter in vigour, in all probability, the 1st January 2007.

The Miralux Fiduciaria Sagl will be able to accompany and to advise you on the provisions to adopt subsequently and in the meantime to the entrance in vigour of the law.