Post Prenuptial Agreement Template for Switzerland

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Key Requirements PROMPT example:

Post Prenuptial Agreement

"I need a Post Prenuptial Agreement under Swiss law for a situation where my spouse and I are relocating to Zurich in March 2025, and we need to protect our respective business interests and establish clear provisions for our international assets located in Singapore and the UK."

Document background
Post Prenuptial Agreements in Switzerland are utilized when married couples wish to modify their existing matrimonial property arrangements or establish new ones after marriage. These agreements are particularly relevant for international couples, high-net-worth individuals, business owners, or those experiencing significant changes in financial circumstances. The document must comply with Swiss Civil Code requirements and typically requires notarization. It can address various aspects including property classification, asset division, business interests, inheritance rights, and international assets. Common triggers for creating a Post Prenuptial Agreement include inheritance receipts, business acquisitions, international relocations, or simply a desire to modify the existing property regime. The agreement must respect mandatory provisions of Swiss law while offering flexibility to accommodate specific needs of the parties.
Suggested Sections

1. Parties: Identification of both spouses with full legal names, dates of birth, nationalities, and current address

2. Background: Information about the marriage (date, place), existing matrimonial property regime, and reason for entering into the post-nuptial agreement

3. Definitions: Definitions of key terms used throughout the agreement, including types of property, assets, and specific Swiss legal terminology

4. Choice of Law: Express confirmation that Swiss law governs the agreement and identification of relevant canton

5. Property Regime Selection: Clear statement of the chosen matrimonial property regime (e.g., separation of property, community of property, or modified participation in acquired property)

6. Classification of Assets: Detailed provisions on how different types of assets are classified (own property, acquired property, etc.)

7. Division of Income: Rules regarding the treatment of various types of income during marriage

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

9. Termination Provisions: Rules applying in case of divorce or death

10. Formal Requirements: Acknowledgment of notarization requirements and other formal validity requirements under Swiss law

11. Severability: Standard clause ensuring partial invalidity doesn't void entire agreement

12. Execution: Signature blocks and notarization section

Optional Sections

1. International Aspects: Required when one or both spouses have international connections or assets abroad

2. Business Interests: Required when one or both spouses own business interests that need special treatment

3. Inheritance Provisions: Optional section dealing with inheritance rights, particularly relevant for couples with children from previous marriages

4. Real Estate: Required when dealing with specific arrangements for real estate ownership and management

5. Pension and Insurance: Optional section for specific arrangements regarding pension rights and insurance policies

6. Future Acquisitions: Optional section dealing with treatment of significant future inheritances or gifts

7. Maintenance Obligations: Optional section addressing ongoing maintenance obligations, particularly relevant if there are children

8. Dispute Resolution: Optional section specifying mediation or other dispute resolution procedures

9. Amendment Procedure: Optional section outlining process for future modifications to the agreement

Suggested Schedules

1. Schedule A - Inventory of Wife's Assets: Detailed list of all assets owned by the wife at the time of agreement, including values and classification

2. Schedule B - Inventory of Husband's Assets: Detailed list of all assets owned by the husband at the time of agreement, including values and classification

3. Schedule C - Joint Assets: Inventory of all jointly owned assets with specified ownership shares

4. Schedule D - Business Interests: Detailed description of any business interests and their agreed treatment

5. Schedule E - Real Estate: Details of real estate ownership, including properties owned separately or jointly

6. Schedule F - Debts and Liabilities: Comprehensive list of existing debts and liabilities of both parties

7. Appendix 1 - Required Documents: Copies of marriage certificate, previous prenuptial agreement if any, and other relevant legal documents

8. Appendix 2 - Asset Valuations: Independent valuations of significant assets where relevant

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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