Separation Maintenance Agreement Template for Switzerland

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Key Requirements PROMPT example:

Separation Maintenance Agreement

"I need a Separation Maintenance Agreement under Swiss law for a couple with two minor children, including provisions for shared custody and maintenance payments, where one spouse will remain in the family home and the other will receive compensation for their share of the property."

Document background
A Separation Maintenance Agreement is a crucial legal document used when married couples in Switzerland decide to live separately without immediately pursuing divorce. This agreement, regulated under Swiss Civil Code (ZGB/CC), provides a formal structure for the separation period while protecting both parties' legal and financial interests. The document typically becomes necessary when couples need to formalize their separation arrangements, particularly regarding financial support, property division, and living arrangements. It includes detailed provisions for maintenance payments, asset division, and if applicable, child custody and support arrangements. The agreement must comply with Swiss legal requirements and can be modified if circumstances change. While not as final as a divorce decree, a Separation Maintenance Agreement provides legal certainty and clarity during the separation period and can serve as a foundation for any subsequent divorce proceedings.
Suggested Sections

1. Parties: Identification and details of both spouses entering into the separation agreement

2. Background: Brief history of the marriage, date of separation, and reasons for entering into this agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Duration of Agreement: Timeframe for which the agreement is valid and conditions for review or modification

5. Living Arrangements: Details of separate residences and any arrangements regarding the family home

6. Financial Provisions: General financial arrangements including maintenance payments, payment schedule, and method of payment

7. Division of Assets and Liabilities: Agreement on how marital property and debts will be divided during separation

8. Tax Arrangements: Agreement on tax filing status and allocation of tax liabilities

9. Insurance and Medical Coverage: Arrangements regarding health insurance and medical expenses

10. Confidentiality: Terms regarding privacy and confidentiality of the agreement and personal matters

11. Dispute Resolution: Process for resolving any disputes that may arise under the agreement

12. Governing Law: Confirmation that the agreement is governed by Swiss law and relevant jurisdiction

13. Modification and Review: Procedures for modifying the agreement and scheduled review periods

Optional Sections

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

2. Child Maintenance: Required if the couple has children - specifics about child support payments and additional expenses

3. Education Provisions: Required if there are children - arrangements for educational expenses and decision-making

4. Business Interests: Required if the couple has joint business interests - arrangements for business operations during separation

5. Pets: Required if there are family pets - arrangements for pet care and expenses

6. Holiday Arrangements: Required if there are children - specific arrangements for holidays and special occasions

7. International Travel: Required if there are children and international travel is relevant - provisions for passport control and travel consent

8. Religious Education: Required if religious education of children is a consideration - agreements on religious upbringing

9. Inheritance Rights: Optional section addressing inheritance rights during separation

Suggested Schedules

1. Schedule A - Financial Disclosure: Detailed financial statements from both parties including income, assets, and liabilities

2. Schedule B - Maintenance Calculation: Detailed breakdown of how maintenance payments were calculated

3. Schedule C - Asset Division: Comprehensive list of assets and their agreed division

4. Schedule D - Property Details: Details of any real estate properties and their handling during separation

5. Schedule E - Children's Expenses: Detailed breakdown of children's expenses and cost sharing (if applicable)

6. Appendix 1 - Parenting Schedule: Detailed calendar of custody arrangements and visitation schedules (if applicable)

7. Appendix 2 - Contact Information: List of important contact information including medical providers, schools, etc.

8. Appendix 3 - Insurance Policies: Details of all relevant insurance policies and beneficiary 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
Relevant Industries

Legal Services

Financial Services

Real Estate

Insurance

Family Services

Professional Services

Banking

Social Services

Education (if children involved)

Healthcare

Relevant Teams

Legal

Family Law

Dispute Resolution

Private Client

Wealth Management

Real Estate

Tax Advisory

Corporate Support

Document Management

Client Relations

Family Services

Compliance

Relevant Roles

Family Law Attorney

Legal Counsel

Mediator

Notary Public

Financial Advisor

Tax Consultant

Family Court Judge

Legal Assistant

Paralegal

Social Worker

Family Therapist

Wealth Manager

Estate Planner

Insurance Advisor

Property Valuer

Child Custody Evaluator

Industries
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Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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