Implementing provisions to the Law on Persons and Marriage - Jurisdiction and Procedure

1. The Office of Justice is responsible for the approval of name changes.

2. The procedure is governed by the State Administration Act of June 8, 1997, and its implementing decrees.

1. The application for a name change must be submitted in writing, with justification, and accompanied by the necessary documents to the Office of Justice.

2. The application must list the respectable reasons that justify a name change.

3. The following documents must always be submitted

a. Certificate of residence;

b. Civil status certificate regarding personal status, if necessary regarding marriage and family legal status;

c. Proof of respectable reasons.

1. The Office of Justice may involve other official agencies as well as the Obwalden/Nidwalden Psychiatry for the clarification of valid reasons and for the support of the applicant during the procedure.

2. If physical or psychological impairments are claimed as valid reasons for a name change, the Office of Justice may obtain an appropriate expert opinion to clarify the submissions; an expert opinion submitted by the applicant does not preclude this.

3. If the applicant is a minor or under full guardianship, the legal representative must be consulted. The non-custodial parent must also be heard (Art. 275a Swiss Civil Code). The consent of the applicant (Art. 270b Swiss Civil Code) is regulated analogously according to Art. 37b of the Swiss Civil Status Ordinance.

1. Insofar as the applicant is unable to bear the official costs, payment of the same may be imposed on obligated support persons where applicable.

2. The following fees are charged for official activities (amounts in CHF)

a. decisions without grounds: 250.-

b. decisions with grounds: 250.- to 1,000.-

c. investigations that lead to the dismissal of the proceedings, or in any case to no decision: 100.- to 500.-

d. * ...

3. For particularly extensive name change procedures, the fee may be reasonably increased, but not exceeding CHF 2,000.-.

4. Additionally, costs for taking evidence are included, particularly the costs for a necessary expert opinion.

1. The marital property register is archived at the commercial registry office.

2. The directories according to Art. 9e para. 1 and Art. 10b para. 1 Transitory Provisions of the Swiss Civil Code (ZGB) are maintained and kept at the commercial registry office.

1. The Implementing Provisions on Marriage Law of August 25, 1987, are repealed.

1. These Implementation Provisions shall enter into force on January 1, 2011.