Private Divorce Agreement Template for Switzerland

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Key Requirements PROMPT example:

Private Divorce Agreement

"I need a Private Divorce Agreement to be drafted under Swiss law for a mutual consent divorce between spouses who have already agreed on property division, with the settlement to be finalized by March 2025, including provisions for pension splitting and the sale of a jointly owned property in Geneva."

Document background
The Private Divorce Agreement is a crucial document in Swiss divorce proceedings, typically used when spouses seek an amicable separation through mutual consent. This agreement, governed by Swiss law, particularly the Swiss Civil Code (ZGB/CC), serves as a comprehensive settlement document detailing all aspects of the divorce arrangement. It is most commonly used when both parties can reach consensus on key matters such as asset division, financial settlements, and child-related arrangements. The document must be drafted with careful attention to Swiss legal requirements and typically requires review by legal professionals before submission to the court. A Private Divorce Agreement becomes legally binding once approved by the court and incorporated into the final divorce decree. It's particularly valuable in cases where parties wish to maintain control over their divorce terms while ensuring compliance with Swiss legal standards.
Suggested Sections

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

2. Background: Details of marriage, separation date, and statement of intention to divorce

3. Definitions: Key terms used throughout the agreement

4. Grounds for Divorce: Statement of mutual consent to divorce as per Swiss Civil Code

5. Effective Date: When the agreement takes effect and its relationship to the court's divorce decree

6. Division of Matrimonial Property: Details of how all marital assets and liabilities will be divided

7. Pension Division: Agreement on the division of occupational pension benefits as per BVG/LPP

8. Financial Settlement: Any lump sum payments or transfers between parties

9. Mutual Release: Waiver of future claims against each other except as provided in the agreement

10. Tax Provisions: Agreement on handling tax matters and liabilities

11. Confidentiality: Terms regarding privacy and disclosure of agreement details

12. Governing Law: Confirmation that Swiss law governs the agreement

13. Entire Agreement: Statement that this document represents the complete agreement between parties

14. Execution: Signing requirements and number of copies

Optional Sections

1. Child Custody and Access: Required if the couple has minor children - details custody arrangements, visitation schedules, and decision-making rights

2. Child Maintenance: Required if the couple has minor children - details support payments and special expenses for children

3. Spousal Maintenance: Required if there will be ongoing support payments between spouses

4. International Aspects: Required if either party lives abroad or plans to relocate - addresses jurisdiction and international enforcement

5. Business Interests: Required if spouses have joint business interests or shared commercial properties

6. Inheritance Rights: Optional section addressing any agreed changes to inheritance rights post-divorce

7. Insurance Policies: Required if there are joint insurance policies or beneficiary designations to be modified

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

9. Name Change: Required if either party wishes to change their name post-divorce

Suggested Schedules

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

2. Schedule B - Property Transfer Details: Specific details of real estate or significant property transfers

3. Schedule C - Child Access Schedule: Detailed visitation schedule including holidays and special occasions

4. Schedule D - Child Maintenance Calculations: Breakdown of child support calculations and payment schedule

5. Schedule E - Pension Division Calculations: Detailed calculations for pension splitting

6. Appendix 1 - List of Personal Effects: Itemized list of personal belongings and their agreed allocation

7. Appendix 2 - Property Valuations: Professional valuations of significant assets

8. Appendix 3 - Children's Special Expenses: List of agreed special expenses for children and cost sharing arrangements

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

Relevant legal definitions
Clauses
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Legal

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Legal Counsel

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Financial Advisor

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Real Estate Appraiser

Family Court Judge

Notary Public

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Family Law Paralegal

Estate Planning Attorney

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