Legal aspects of marriage - name law

Marriage is a decision for life and with this decision also legal issues arise, to which every couple must think about. There are issues that need to be addressed before the wedding and others that can be addressed at a later date.

In various blog posts, we will go into all the important legal aspects and explain them to you in a simple way.

Right to a name

General

If one deals with the right to a name, the ZGB (Swiss Civil Code) applies. Here, Art. 160 B. is relevant:

Art. 160 B. Name

• Each spouse keeps his or her name

• The bride and groom may, however, make a declaration to the civil registrar or the Civil registrars declare that they wish to use the bride's or groom's maiden name as their common surname.

Accordingly, it is permitted that each party retains his or her name upon marriage, or that one party decides to adopt the name of the other. Double names are therefore no longer permitted (since January 1, 2013). An example illustrates this.

Naming children

This decision also has an influence on the naming of the spouses' children. Thus, if the spouses decide on the same name (Art. 160(2)), it is clear that their children will also bear this surname.

However, if the spouses decide that each will keep his or her name (Art. 160(1)), then Art. 160(3) comes into play:

Art. 160 B. Name

• If the bride and groom keep their names, they shall determine which of their maiden names their children shall bear. In justified cases, the civil registrar may exempt the bride and groom from this obligation.

The couple must therefore decide at the time of the wedding which name their children will bear. An example illustrates this.

Alliance names

The decision as to which name the respective spouse wishes to bear is understandably often not an easy one. Therefore, it can be helpful to know that alliance names are still allowed. This means that the names of both spouses can be used with a hyphen (e.g. Meier-Müller).

Although the alliance name is not registered in the civil status register, it can be used in everyday life without any restrictions. Upon request, it can even be entered in the passport and identity card.

A possibility that can certainly make the decision a little easier.

Timing & Competent Authorities

The decision as to which name the respective spouses and their future children should bear must be reported to the civil registry office in good time before the marriage ceremony.

The competent authority for receiving the name declaration is always the civil registry office. In this case, the decision must be announced where the marriage preparation procedure is carried out and the marriage ceremony is to take place.

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