Spousal Waiver Template for Switzerland

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Key Requirements PROMPT example:

Spousal Waiver

"I need a Swiss Spousal Waiver where my spouse will waive rights to my family business assets and associated pension benefits, while ensuring they retain their rights to our jointly owned property in Geneva; the agreement needs to be ready for signing by March 2025."

Document background
The Spousal Waiver is a crucial document in Swiss family law, typically used when spouses wish to modify their statutory rights and obligations under Swiss matrimonial property law or inheritance law. It's particularly relevant in cases involving high-net-worth individuals, international couples, or situations where one spouse wishes to protect business interests or family wealth. The document must comply with the Swiss Civil Code and requires notarization and independent legal advice for both parties. Common situations requiring a Spousal Waiver include pre-nuptial arrangements, protection of family businesses, international asset planning, and pension benefit modifications. The document must be carefully drafted to ensure it meets all formal requirements under Swiss law while clearly defining the scope of rights being waived.
Suggested Sections

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

2. Background: Context of the marriage, including date of marriage, applicable matrimonial property regime, and general purpose of the waiver

3. Definitions: Definition of key terms used in the agreement, including specific types of assets, rights, and legal concepts referenced

4. Acknowledgments: Statements confirming that each spouse understands their rights and has received independent legal advice

5. Scope of Waiver: Detailed description of the rights, claims, and interests being waived

6. Reservation of Rights: Explicit statement of any rights that are not being waived and are being retained

7. Representations and Warranties: Confirmations from each spouse regarding their capacity, understanding, and voluntary execution

8. Severability: Provision stating that if any part of the waiver is found invalid, the remainder remains in effect

9. Governing Law: Confirmation that Swiss law governs the waiver and identification of relevant cantons

10. Execution Requirements: Details of formal authentication requirements and execution process

Optional Sections

1. Pension Rights Waiver: Specific provisions for waiving pension and retirement benefit rights, required if pension rights are being waived

2. Real Property Rights: Specific provisions regarding real estate, required if real property rights are being waived

3. Business Interests: Provisions regarding business ownership and interests, needed if either spouse owns business interests

4. International Assets: Additional provisions for assets located outside Switzerland, required for international couples or foreign assets

5. Inheritance Rights: Specific provisions waiving inheritance rights, required if inheritance rights are being waived

6. Amendment Procedure: Process for making future modifications, recommended for complex waivers

7. Language Provision: Required for multilingual versions of the waiver, specifying which language version prevails

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of assets affected by the waiver

2. Schedule B - Pension Benefits: Details of specific pension and retirement benefits being waived

3. Schedule C - Property Details: Specific details of any real property involved in the waiver

4. Appendix 1 - Independent Legal Advice Certificates: Certificates from each spouse's legal advisor confirming independent advice was given

5. Appendix 2 - Asset Valuations: Professional valuations of significant assets covered by the waiver

6. Appendix 3 - Translation Certificate: Certificate of translation accuracy if document is in multiple languages

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
Relevant Industries

Legal Services

Financial Services

Real Estate

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Private Banking

Insurance

Pension Services

Professional Services

Notary Services

Translation Services

Relevant Teams

Legal

Wealth Management

Private Banking

Compliance

Document Management

Trust Services

Family Office

Client Relations

Risk Management

Advisory Services

Relevant Roles

Family Lawyer

Private Client Lawyer

Wealth Manager

Estate Planner

Notary Public

Legal Counsel

Private Banker

Trust Officer

Pension Fund Manager

Relationship Manager

Family Office Manager

Compliance Officer

Legal Document Specialist

International Tax Advisor

Family Law Paralegal

Industries
Teams

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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