Pre Divorce Agreement Template for Switzerland

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Key Requirements PROMPT example:

Pre Divorce Agreement

"I need a Pre-Divorce Agreement under Swiss law for a couple with shared property and pension assets but no children, planning to separate from March 2025, with one spouse keeping the family home in Geneva in exchange for a lump sum payment to the other spouse."

Document background
The Pre-Divorce Agreement is a crucial document used in Switzerland when spouses have decided to divorce and wish to establish clear terms before initiating formal proceedings. This document is particularly relevant in the Swiss legal context, where specific requirements exist regarding pension splitting (under the BVG law) and matrimonial property regimes. The agreement typically comes into play when couples have reached an amicable decision to separate and want to document their mutual understanding regarding property division, financial arrangements, and family matters. It must comply with Swiss Civil Code requirements and often requires review by legal professionals and potentially notarization. The document serves as a cornerstone for the subsequent divorce proceedings and can significantly reduce the time and complexity of the formal divorce process in Swiss courts. While not legally binding until court approval, the Pre-Divorce Agreement provides a clear framework for the separation and helps ensure both parties' interests are properly documented and protected.
Suggested Sections

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

2. Background: Brief history of the marriage, including date and place of marriage, current living situation, and general reason for seeking divorce

3. Definitions: Key terms used throughout the agreement, ensuring clear interpretation

4. Purpose and Intent: Statement of the parties' intention to divorce and purpose of the agreement

5. Separation Date: Official date of separation and its implications

6. Division of Matrimonial Property: Detailed arrangement for division of all marital assets and liabilities

7. Financial Provisions: Details of any maintenance payments, including amount, duration, and payment terms

8. Pension Division: Arrangements for splitting pension entitlements as per Swiss pension law

9. Tax Provisions: Agreement on handling tax matters and obligations

10. Final Provisions: Legal framework, applicable law, jurisdiction, and modification terms

11. Signatures and Declarations: Formal signing section with declarations of understanding and free will

Optional Sections

1. Children Arrangements: Required if the couple has children - covering custody, access, maintenance, and education arrangements

2. Family Home: Required if there is shared property - detailing the arrangement for the family home

3. Business Interests: Required if either party owns business interests - covering the division or handling of business assets

4. International Aspects: Required for international couples - addressing cross-border issues and applicable international laws

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

6. Insurance Policies: Required if there are joint insurance policies - covering their division or transfer

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

8. Personal Effects: Optional detailed division of personal belongings and household items

9. Confidentiality: Optional provisions regarding privacy and disclosure of agreement terms

10. Future Dispute Resolution: Optional mechanism for resolving future disputes about the agreement

Suggested Schedules

1. Schedule 1: Asset Schedule: Comprehensive list of all matrimonial assets and their agreed values

2. Schedule 2: Liability Schedule: Detailed list of all joint liabilities and their allocation

3. Schedule 3: Pension Information: Details of pension arrangements and splitting calculations

4. Schedule 4: Children's Arrangements: Detailed parenting plan and financial arrangements for children

5. Schedule 5: Property Details: Technical details of any real estate and transfer arrangements

6. Appendix A: Financial Disclosure: Financial statements and documentation from both parties

7. Appendix B: Property Valuations: Professional valuations of significant assets

8. Appendix C: Supporting Documents: Copies of relevant certificates, court orders, or other official documents

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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