Living together without a marriage certificate or registered partnership—that is, in a cohabitation (cohabiting) relationship—has gained significant importance in recent years. This development is partly due to rising divorce rates and new family structures, such as blended families. The proportion of unmarried couples is steadily increasing, both among couples with and without children. According to the Swiss Federal Statistical Office, around 45% of couples in Switzerland were living in cohabitation in 2021, and the trend is rising.

Despite this social reality, cohabitation is still not explicitly regulated under Swiss law. Cohabiting couples are largely treated legally as individuals. Their relationship falls under the provisions of a simple partnership, which creates numerous gaps—particularly in the areas of inheritance law, social security, and medical decision-making.

If cohabiting partners want to secure each other, it is therefore advisable to regulate their partnership comprehensively. This should include, in particular:
- entering into a cohabitation agreement (e.g., regarding rental arrangements, property, finances),
- creating a will or inheritance contract to secure the surviving partner,
- drafting a power of attorney for personal care in case of incapacity,
- and preparing an advance healthcare directive to regulate medical decisions in critical situations.

Only with these measures can cohabiting partners ensure that their wishes are legally upheld in cases of emergency or death.

Cohabitation Agreement
A cohabitation agreement allows unmarried couples to formally regulate the financial and organizational aspects of their life together, as well as arrangements in the event of a separation. Such an agreement can be customized – ranging from a simple statement of assets to rules on cost-sharing, mutual maintenance obligations, or granting powers of attorney.

Statement of Assets and Ownership
‍The basis for property-related agreements is usually a joint inventory of both partners’ assets. This includes movable assets (e.g., bank accounts, securities, household items) as well as any real estate. For jointly acquired property, each partner’s contribution and the allocation of ongoing costs (e.g., mortgage interest) should be clearly documented.

Division of Daily Responsibilities and Expenses
A cohabitation agreement can also define how daily tasks and shared expenses are managed. This includes, for example, household chores, utility bills, rent or mortgage payments, and other recurring costs. Clear rules help prevent misunderstandings and ensure that both partners contribute fairly to the running of the household.

Protection in Pension and Insurance Matters
A key component concerns mutual protection in the event of pension or risk-related needs. Before concluding the agreement, a thorough review and coordination of both partners’ pension and insurance situation is recommended. In particular, it is worthwhile to examine the possibilities of designating each other as beneficiaries in pension schemes, taking into account the respective plan regulations.

Regulation in Case of Separation
‍The cohabitation agreement can also specify how to handle joint assets or potential maintenance payments in the event of a separation.

Formal Requirements
‍A cohabitation agreement can generally be concluded without formal requirements. However, for evidentiary purposes, a written document is strongly recommended. If the agreement also includes inheritance arrangements (e.g., mutual beneficiary designations in the event of death), public notarization is required.

‍Inheritance Regulations
Unlike married or registered partners, cohabitants do not have a statutory inheritance claim. Without specific inheritance arrangements, the surviving partner will receive nothing upon the death of the other. Therefore, it is particularly important to review the individual inheritance situation early and make targeted provisions.

Options for Inheritance Protection
Cohabitants can designate each other as beneficiaries through an individual will or a joint inheritance contract. Inheritance provisions can also be incorporated into a cohabitation agreement, but in such cases, public notarization is mandatory.

Observing Mandatory Shares
When planning an estate, legally protected mandatory shares must be taken into account. Mandatory shares primarily protect descendants. If there are no descendants, the deceased partner’s parents are entitled to their mandatory share. The freely disposable portion can be used to benefit the cohabiting partner.

Which life stage have you already planned for?

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