Uncontested Divorce Settlement Agreement Template for Switzerland

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Key Requirements PROMPT example:

Uncontested Divorce Settlement Agreement

"I need an Uncontested Divorce Settlement Agreement under Swiss law for a couple with international assets in both Switzerland and Germany, including provisions for dividing a jointly-owned technology consulting business, with the agreement to take effect from March 2025."

Document background
The Uncontested Divorce Settlement Agreement is a vital legal instrument in Swiss divorce proceedings where both parties mutually agree to divorce and its terms. This document is used when spouses have reached an amicable agreement on all aspects of their separation, including property division, financial arrangements, and if applicable, child-related matters. It must comply with Swiss Civil Code requirements and related federal legislation, particularly regarding pension divisions and maintenance obligations. The agreement forms the foundation for the court's divorce decree and requires judicial approval to become effective. It should be drafted with careful attention to Swiss legal requirements and typically includes detailed provisions about asset division, pension splitting, maintenance payments, tax implications, and any arrangements regarding children. This type of agreement is particularly relevant in Switzerland's civil law system, where it serves as both a private contract between the parties and a basis for the court's formal divorce judgment.
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, date of separation, and confirmation that both parties agree to divorce

3. Definitions: Key terms used throughout the agreement

4. Purpose of Agreement: Statement confirming this is a binding divorce settlement agreement under Swiss law

5. Division of Matrimonial Property: Detailed arrangement for the division of all marital assets and debts

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

7. Maintenance Payments: Details of any post-divorce maintenance arrangements between the parties

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

9. Final Provisions: Legal framework, applicable law, and jurisdiction

10. Signatures: Execution section including date and signatures of both parties

Optional Sections

1. Child Custody and Support: Required if the couple has minor children, detailing custody arrangements, visitation rights, and child support obligations

2. Family Home: Required if the couple owns or rents a shared residence, detailing its disposition

3. Business Interests: Required if the couple has joint business interests or shared ownership in companies

4. International Assets: Required if the couple has assets in multiple countries

5. Insurance Policies: Required if there are joint insurance policies to be divided or maintained

6. Intellectual Property Rights: Required if either spouse has IP rights that need to be addressed

7. Future Dispute Resolution: Optional section on handling future disputes through mediation or arbitration

8. Name Change: Required if either spouse wishes to change their name post-divorce

Suggested Schedules

1. Schedule A - Asset Inventory: Comprehensive list of all matrimonial assets with agreed values

2. Schedule B - Debt Schedule: List of all joint and individual debts and their allocation

3. Schedule C - Pension Information: Details of pension funds and agreed division calculations

4. Schedule D - Property Valuations: Professional valuations of significant assets like real estate or businesses

5. Schedule E - Child Care Schedule: Detailed visitation and care schedule for children if applicable

6. Appendix 1 - Marriage Certificate: Copy of the original marriage certificate

7. Appendix 2 - Property Documents: Copies of property titles, mortgage documents, etc.

8. Appendix 3 - Financial Statements: Recent bank statements, investment accounts, and other financial documentation

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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