Living Together Agreement Template for Switzerland

A Living Together Agreement is a legally binding contract that defines the terms of your cohabitation relationship in Switzerland. This document establishes clear guidelines for property ownership, financial responsibilities, and household arrangements between unmarried partners. Under Swiss law, these agreements are governed by the Swiss Code of Obligations and provide essential legal protection that unmarried couples don't automatically receive.

When do you need this document?

You should consider creating a Living Together Agreement when you're planning to move in with your partner or are already cohabiting and want to formalise your arrangement. This document is particularly important if you're purchasing property together, have significant individual assets, or plan to share major expenses like rent, utilities, or household purchases. It's also crucial if one partner will be financially supporting the other, or if you have children from previous relationships. The agreement becomes especially valuable when there are substantial income differences between partners or when one person owns the residence where you'll be living together.

Key legal considerations

Your Living Together Agreement should clearly define property ownership rights, distinguishing between assets owned before the relationship and those acquired jointly during cohabitation. Financial arrangements must be explicitly outlined, including how you'll split rent, utilities, groceries, and other shared expenses. The document should address what happens to jointly purchased items and shared debts if the relationship ends. Consider including provisions for healthcare decisions, inheritance rights, and procedures for modifying the agreement. It's important to specify how disputes will be resolved and whether mediation or arbitration will be required before pursuing legal action. The agreement should also address household responsibilities and decision-making processes for major purchases or life changes.

Legal requirements in Switzerland

While Living Together Agreements don't require notarisation under Swiss law, having the document notarised can strengthen its enforceability and provide additional legal security. The agreement must comply with Swiss contract law principles under the Code of Obligations, meaning both parties must have the legal capacity to enter into contracts and the terms must be lawful and not contrary to public policy. If the agreement involves real estate transactions or significant property transfers, additional legal requirements may apply under cantonal law. The document should be written in clear, unambiguous language and signed by both parties in the presence of witnesses. Swiss courts will generally enforce these agreements provided they're fair, voluntarily entered into, and don't violate mandatory provisions of Swiss family or property law. Consider consulting with a Swiss family law attorney to ensure your agreement complies with current legal standards and adequately protects your interests.