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Mutual Divorce Agreement

Mutual Divorce Agreement Template for Switzerland

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Key Requirements PROMPT example:

Mutual Divorce Agreement

"I need a standard Mutual Divorce Agreement under Swiss law for a couple with no children, splitting a shared apartment in Geneva and pension assets, with the divorce to be finalized by March 2025."

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Document background
The Mutual Divorce Agreement is a crucial document in Swiss divorce proceedings where both parties agree to dissolve their marriage amicably. This agreement is used when spouses have reached consensus on all aspects of their divorce settlement, including division of assets, financial arrangements, and if applicable, child-related matters. The document must comply with Articles 111-118 of the Swiss Civil Code and related legislation. It serves as the foundation for the divorce proceedings in Swiss courts and requires careful consideration of various legal, financial, and personal aspects. The agreement is particularly important as it streamlines the divorce process in Switzerland, reducing both the emotional and financial burden on the parties involved. It should be drafted with professional legal assistance to ensure all mandatory provisions under Swiss law are properly addressed and the interests of both parties are adequately protected.
Suggested Sections

1. Parties: Identification of both spouses including full legal names, addresses, and citizenship status

2. Background: Details of marriage date, location, separation date if applicable, and confirmation of mutual consent to divorce

3. Definitions: Key terms used throughout the agreement

4. Dissolution of Marriage: Formal declaration of intention to divorce and agreement to file joint petition

5. Division of Matrimonial Property: Detailed arrangement for division of joint assets and liabilities

6. Financial Settlement: Terms of any financial payments or settlements between parties

7. Pension Division: Agreement on division of occupational pension benefits as per Swiss law

8. Matrimonial Home: Arrangements regarding the family home, including transfer of ownership or termination of lease

9. Tax Matters: Agreement on handling of tax liabilities and future tax arrangements

10. Legal Costs: Agreement on how legal and court costs will be shared

11. Final Provisions: Including governing law, jurisdiction, and effectiveness of the agreement

Optional Sections

1. Child Custody and Care: Required if the couple has minor children - details custody arrangements, visitation rights, and parental responsibility

2. Child Maintenance: Required for couples with children - specifies child support payments and additional expenses

3. Spousal Maintenance: Optional section for cases where ongoing spousal support is agreed

4. Business Interests: Required if either party owns business assets that need to be divided

5. International Assets: Required if the couple owns property or assets in other countries

6. Insurance Policies: Optional section detailing arrangements for life, health, or other insurance policies

7. Future Dispute Resolution: Optional section specifying mediation or arbitration procedures for future disputes

Suggested Schedules

1. Schedule A - Asset and Liability Statement: Comprehensive list of all matrimonial assets and liabilities with agreed values

2. Schedule B - Property Details: Detailed information about real estate properties and their disposition

3. Schedule C - Pension Information: Details of pension accounts and agreed division

4. Schedule D - Child Care Schedule: Detailed visitation and care schedule if children are involved

5. Schedule E - Financial Disclosure: Current financial statements of both parties

6. Appendix 1 - Property Valuations: Professional valuations of significant assets

7. Appendix 2 - Pension Fund Statements: Current statements from respective pension funds

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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alex.den.21@genieai.co
Relevant legal definitions
Agreement
Matrimonial Property
Separate Property
Effective Date
Decree Absolute
Joint Assets
Matrimonial Home
Pension Rights
Occupational Pension Benefits
Child Maintenance
Spousal Maintenance
Relevant Date
Matrimonial Property Regime
Financial Settlement
Court Order
Shared Parental Responsibility
Access Rights
Custody
Child Support
Common Property
Separate Estate
Marital Assets
Pension Splitting
Settlement Sum
Joint Liabilities
Valuation Date
Jurisdiction
Governing Law
Matrimonial Proceedings
Competent Court
Relevant Industries

Legal Services

Financial Services

Real Estate

Insurance

Social Services

Public Administration

Professional Services

Family Services

Wealth Management

Relevant Teams

Legal

Human Resources

Finance

Compliance

Risk Management

Administrative Services

Client Services

Document Management

Benefits Administration

Relevant Roles

Family Law Attorney

Legal Counsel

Divorce Mediator

Court Clerk

Notary Public

Financial Advisor

Wealth Manager

HR Manager

Benefits Administrator

Pension Fund Manager

Real Estate Agent

Social Worker

Legal Administrator

Compliance Officer

Risk Manager

Industries
Swiss Civil Code (ZGB/CC) Articles 111-118: Core provisions governing divorce by mutual consent, including requirements for joint petition, reflection period, and court approval
Swiss Civil Code Articles 119-130: Provisions regarding the effects of divorce, including property division, maintenance payments, and pension splitting
Swiss Civil Code Articles 133-134: Regulations concerning child custody, visitation rights, and parental responsibility post-divorce
Federal Act on Occupational Old Age, Survivors' and Invalidity Pension Provision (BVG/LPP): Governs the division of pension assets between spouses upon divorce
Swiss Civil Procedure Code (ZPO/CPC) Articles 274-293: Procedural rules for divorce proceedings, including requirements for court submissions and hearings
Federal Act on Private International Law (IPRG/LDIP): Relevant if either spouse has international connections, governing jurisdiction and applicable law
Federal Act on Child Support Collections and Advances: Regulations regarding the enforcement of child support payments and state assistance
Teams

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