Cohabitation Agreement Template for Switzerland

A Cohabitation Agreement is a legal contract between unmarried partners living together in Switzerland that spells out their rights and responsibilities. It covers key aspects like property ownership, shared expenses, and financial arrangements during the relationship and after a potential separation.

Under Swiss law, these agreements help protect both partners since unmarried couples don't enjoy the same legal protections as married ones. While not mandatory, they're especially important for couples buying property together, sharing significant assets, or planning long-term financial commitments. The agreement can be customized to match each couple's specific needs and can be updated as circumstances change.

The ideal time to create a Cohabitation Agreement is before moving in together, especially when buying property or planning shared investments in Switzerland. This gives both partners clear expectations and protections from day one, preventing costly disputes later.

Key moments to put this agreement in place include: when purchasing real estate together, combining financial resources, starting a joint business venture, or bringing significant assets into the household. It's particularly valuable for partners with different income levels, those with children from previous relationships, or when one partner plans to reduce work hours to handle domestic responsibilities.

• Basic Cohabitation Agreement: Covers essential living arrangements, shared expenses, and property division
• Property-Focused Agreement: Emphasizes real estate ownership, mortgage responsibilities, and property maintenance
• Financial Partnership Agreement: Details joint accounts, investments, and debt management
• Family-Oriented Agreement: Includes provisions for children, pets, and household responsibilities
• Business Integration Agreement: Addresses shared business interests and professional assets while cohabiting

• Unmarried Partners: The primary parties who create and sign the Cohabitation Agreement to protect their rights and assets
• Legal Advisors: Attorneys who draft and review agreements to ensure enforceability under Swiss law
• Notaries: Often required to authenticate signatures and certify the agreement, especially for property-related provisions
• Financial Advisors: Help structure financial arrangements and asset protection strategies within the agreement
• Property Agents: Reference these agreements when handling joint property purchases or rentals for unmarried couples

• Asset Inventory: List all individual and shared property, including real estate, vehicles, investments, and valuable items
• Financial Details: Gather information about income, debts, savings, and planned shared expenses
• Living Arrangements: Document housing costs, maintenance responsibilities, and household duties
• Future Planning: Outline agreements about joint purchases, savings goals, and potential relationship changes
• Legal Requirements: Ensure compliance with Swiss cantonal regulations and notarization requirements
• Document Review: Both partners should carefully review all terms before signing to ensure mutual understanding

• Personal Information: Full legal names, addresses, and contact details of both partners
• Property Division: Clear terms for ownership and division of assets acquired before and during cohabitation
• Financial Obligations: Detailed breakdown of shared expenses, bill payments, and savings arrangements
• Living Arrangements: Specific terms about housing, maintenance responsibilities, and household management
• Separation Terms: Process for dividing assets and resolving disputes if the relationship ends
• Signatures and Date: Both partners' signatures, witness signatures if required, and agreement date
• Governing Law: Explicit statement that Swiss law governs the agreement

A Cohabitation Agreement differs significantly from an Asset Purchase Agreement, though both deal with property rights and financial arrangements. The key distinctions lie in their purpose, parties involved, and legal framework under Swiss law.

• Purpose and Scope: Cohabitation Agreements govern ongoing personal relationships and shared living arrangements, while Asset Purchase Agreements handle one-time business transactions for property transfer
• Legal Framework: Cohabitation Agreements fall under family law provisions, whereas Asset Purchase Agreements operate under commercial law
• Duration: Cohabitation Agreements remain active throughout the relationship, while Asset Purchase Agreements typically conclude after the transfer completes
• Parties Involved: Cohabitation Agreements are between romantic partners, while Asset Purchase Agreements involve buyers and sellers in a business context
• Enforcement Mechanisms: Asset Purchase Agreements have stronger immediate legal enforcement tools compared to Cohabitation Agreements, which rely more on mutual cooperation