Prenuptial Agreement Template for Switzerland

A Prenuptial Agreement (Ehevertrag in Swiss German) is a legally binding contract that couples sign before getting married to set clear rules about their finances and property. It lets partners decide how they'll handle assets, debts, and potential inheritance during marriage and if they later separate.

Under Swiss Civil Code, this agreement helps protect individual wealth, family businesses, and inherited property. Swiss couples often use it to choose between property separation (G��tertrennung) or community of property (G��tergemeinschaft) instead of the default matrimonial regime. The contract must be notarized to be valid in Switzerland.

Consider a Prenuptial Agreement when significant assets or financial interests need protection before marriage. This is especially relevant for Swiss business owners, individuals with substantial inheritance, or people entering second marriages with existing children. The agreement becomes crucial if you own real estate, hold company shares, or expect future inheritance.

Swiss law makes these agreements particularly valuable for international couples, as they can specify which national laws apply to their property. It's also important when one partner plans to give up their career for family duties, as the agreement can ensure fair financial protection. Remember: the contract must be signed well before the wedding to be valid.

• Pre Marriage Agreement: Standard agreement signed before marriage, covering basic asset division and financial arrangements under Swiss law
• Post Prenuptial Agreement: Modified agreement created after marriage to adjust property rights and financial responsibilities
• Nuptial Agreement: Comprehensive contract covering both pre- and post-marriage assets, often used for complex international marriages
• Post Nup Agreement: Focuses on protecting assets acquired during marriage and managing inheritance rights
• Prenuptial Agreement After Marriage: Specialized contract for couples wanting to modify their matrimonial property regime after wedding

• Engaged Couples: The primary parties who sign the Prenuptial Agreement, particularly those with significant assets, business interests, or inheritance expectations
• Family Law Attorneys: Draft and review agreements to ensure compliance with Swiss Civil Code and protect clients' interests
• Notaries: Required by Swiss law to authenticate and certify the agreement, making it legally binding
• Business Owners: Often seek these agreements to protect company assets and maintain control over their enterprises
• Financial Advisors: Help structure the financial aspects and provide guidance on asset protection strategies
• Family Members: May be involved if family assets, inheritances, or business interests need protection

• Asset Inventory: Create detailed lists of both partners' current assets, properties, investments, and debts
• Financial Documentation: Gather bank statements, property deeds, business valuations, and inheritance expectations
• Future Plans: Document anticipated career changes, business ventures, or family planning decisions that impact finances
• Property Regime: Choose between Swiss property regimes (separation, community, or participation in acquired property)
• Legal Requirements: Ensure both parties have independent legal counsel and sufficient time for review
• Notarization Planning: Schedule appointment with a Swiss notary for official authentication
• Translation Needs: Arrange certified translations if either party isn't fluent in the contract language

• Party Information: Full legal names, addresses, and citizenship status of both partners
• Property Regime Declaration: Clear statement of chosen matrimonial property system under Swiss Civil Code
• Asset Schedule: Comprehensive list of pre-marital assets and liabilities for both parties
• Division Rules: Specific terms for handling property division, inheritance rights, and pension benefits
• Jurisdiction Clause: Statement confirming Swiss law application and competent courts
• Modification Terms: Conditions under which the agreement can be changed post-marriage
• Notarization Block: Space for official notary authentication as required by Swiss law
• Signature Section: Dated signatures of both parties and witnesses if required

A Prenuptial Agreement differs significantly from a Contractual Agreement in several key aspects, though both are legally binding documents under Swiss law. While a Prenuptial Agreement specifically addresses marital property rights and financial arrangements between spouses, a Contractual Agreement serves broader business or personal transaction purposes.

• Timing and Duration: Prenuptial Agreements must be signed before marriage and last throughout the marriage, while Contractual Agreements can be made anytime and often have specific end dates
• Legal Requirements: Prenuptials require notarization in Switzerland and can't be modified without both parties' consent; Contractual Agreements often don't need notarization
• Scope of Protection: Prenuptials focus on marital assets, inheritance, and spousal support; Contractual Agreements cover general business terms, services, or transactions
• Enforcement Method: Prenuptials are enforced through family courts, while Contractual Agreements go through commercial courts