Marital Agreement Divorce Template for Switzerland

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Key Requirements PROMPT example:

Marital Agreement Divorce

"I need a Marital Agreement Divorce document under Swiss law for a couple with two minor children, significant international assets including properties in France and Switzerland, and shared business interests that need to be divided by March 2025."

Document background
The Marital Agreement Divorce is a crucial legal document used in Swiss divorce proceedings to formalize the terms of marital dissolution. It is typically prepared when spouses have reached mutual agreement on divorce terms or as part of court-mediated proceedings. The document must comply with Swiss Civil Code requirements and includes mandatory provisions regarding property division, maintenance, pension splitting, and child arrangements if applicable. It serves multiple purposes: documenting the agreed terms, ensuring compliance with Swiss legal requirements, facilitating court approval, and providing a framework for post-divorce obligations. This agreement is particularly important in Switzerland's civil law system, where written documentation of divorce terms is essential for legal validity and enforcement.
Suggested Sections

1. Parties: Identification and details of both spouses, including full names, dates of birth, current addresses, and nationalities

2. Background: Details of marriage, separation date, grounds for divorce, and any relevant pre-existing agreements

3. Definitions: Definitions of key terms used throughout the agreement

4. Divorce Declaration: Formal declaration of mutual consent to divorce and confirmation that the marriage has irretrievably broken down

5. Division of Matrimonial Property: Detailed arrangements for the division of all matrimonial assets and liabilities

6. Pension Division: Arrangements for the division of occupational pension benefits as per Swiss law

7. Financial Settlement: Complete financial settlement including any maintenance payments, lump sums, or periodic payments

8. Tax Provisions: Arrangements regarding tax liabilities and responsibilities

9. Final Provisions: Governing law, jurisdiction, and formal requirements for the agreement's validity

Optional Sections

1. Child Arrangements: Required if the couple has minor children - covers custody, access rights, and child maintenance

2. International Aspects: Required for international couples - addresses cross-border issues and applicable international laws

3. Business Interests: Required if spouses have joint business interests - covers division or management of business assets

4. Real Estate Provisions: Required if there is joint property ownership - details transfer or sale of real estate

5. Inheritance Rights: Optional section waiving mutual inheritance rights post-divorce

6. Insurance Arrangements: Required if there are joint insurance policies - covers their division or termination

7. Debt Allocation: Required if there are significant joint debts - details responsibility for existing debts

8. Name Change: Optional section addressing any name changes post-divorce

Suggested Schedules

1. Schedule A - Asset Schedule: Detailed inventory of all matrimonial assets with current values

2. Schedule B - Liability Schedule: List of all joint and individual liabilities

3. Schedule C - Pension Information: Details of pension entitlements and division calculations

4. Schedule D - Property Valuations: Professional valuations of significant assets (e.g., real estate, businesses)

5. Appendix 1 - Marriage Certificate: Copy of the original marriage certificate

6. Appendix 2 - Financial Disclosure: Sworn financial statements from both parties

7. Appendix 3 - Child Support Calculations: Detailed calculations for child maintenance (if applicable)

8. Appendix 4 - Property Documents: Relevant property deeds, mortgage documents, and transfer forms

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Private Client Services

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Family Law Attorney

Legal Counsel

Divorce Mediator

Financial Advisor

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Court Clerk

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