Marital Property Agreement Template for Switzerland

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Key Requirements PROMPT example:

Marital Property Agreement

"I need a Swiss Marital Property Agreement for an international couple (Swiss-American) getting married in March 2025, with special provisions for separate treatment of existing business assets in both countries and clear rules for future joint investments."

Document background
The Marital Property Agreement is a crucial document in Swiss family law, used by couples either before marriage (pre-nuptial) or during marriage (post-nuptial) to establish clear rules regarding their property relations. It must comply with Articles 181-251 of the Swiss Civil Code and requires formal notarization to be valid. This agreement is particularly important for high-net-worth individuals, international couples, business owners, or anyone seeking to deviate from the default statutory property regime. It typically includes comprehensive details about asset classification, property division rules, treatment of income and debts, and special provisions for business interests or international assets. The document has gained increasing importance in Switzerland due to rising international marriages and the need to protect complex asset structures.
Suggested Sections

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

2. Background: Context of the agreement, including whether it's pre-nuptial or post-nuptial, date of marriage/intended marriage, and general purpose of the agreement

3. Definitions: Key terms used throughout the agreement, including definitions of separate property, joint property, acquired property, etc.

4. Choice of Property Regime: Clear statement of the chosen property regime (participation in acquisitions, community of property, or separation of property)

5. Classification of Assets: Detailed provisions on how different types of assets will be classified (own property vs. acquired property)

6. Treatment of Income: Specifications on how income, including salary, business income, and investment returns will be treated

7. Debts and Liabilities: Provisions regarding responsibility for existing and future debts

8. Division of Property: Rules for property division in case of divorce or death

9. Governing Law: Confirmation of Swiss law as governing law and relevant canton for jurisdiction

10. Amendments: Provisions for how the agreement can be modified in the future

11. Severability: Standard clause ensuring that if any provision is invalid, the rest remains in force

12. Execution: Formal execution provisions complying with Swiss notarial requirements

Optional Sections

1. International Provisions: Required when one or both parties have international connections, addressing cross-border issues and applicable law

2. Business Interests: Required when one or both parties own business interests, detailing how these will be treated

3. Inheritance Provisions: Optional provisions regarding inheritance rights, subject to mandatory Swiss inheritance law

4. Real Estate: Specific provisions for real estate holdings, particularly important for international properties

5. Pension Rights: Detailed provisions regarding pension and retirement benefits, particularly relevant for international couples

6. Maintenance Provisions: Optional provisions regarding maintenance/alimony in case of divorce

7. Conflict Resolution: Optional detailed dispute resolution procedures, including mediation provisions

8. Future Children: Provisions regarding financial arrangements for future children, if desired

Suggested Schedules

1. Schedule A - Current Assets: Detailed inventory of all current assets owned by both parties, including valuations

2. Schedule B - Current Liabilities: List of all current debts and liabilities of both parties

3. Schedule C - Business Assets: Detailed description and valuation of any business interests

4. Schedule D - Real Estate: Details of all real estate holdings including ownership structure and valuations

5. Schedule E - Inherited/Gifted Assets: List of assets received through inheritance or gift that are to be treated as separate property

6. Appendix 1 - Asset Valuations: Independent valuations of significant assets where relevant

7. Appendix 2 - Financial Disclosures: Formal financial disclosures by both parties

8. Appendix 3 - Legal Certificates: Relevant legal certificates including marriage certificate or proof of intended marriage

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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