The Marriage Settlement Agreement (Ehevertrag/Contrat de mariage) is a crucial document in Swiss family law, used by couples either before or during marriage to establish their chosen matrimonial property regime and regulate their financial relationships. Required to be in the form of a public deed under Swiss law, this agreement is particularly important for high-net-worth individuals, international couples, or those with complex asset structures. It typically addresses the classification and division of assets, property management rights, inheritance considerations, and dissolution provisions. The document must comply with the Swiss Civil Code and cantonal regulations, requiring notarial authentication and registration. It's commonly used when couples wish to opt out of the default regime of participation in acquired property (Errungenschaftsbeteiligung/Participation aux acquêts) or need to address specific financial arrangements, international assets, or business interests.
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1. Parties: Identification and details of both spouses, including full names, dates of birth, nationalities, and current addresses
2. Background: Context of the marriage, date of marriage/intended marriage, and reason for entering into the agreement
3. Definitions: Key terms used throughout the agreement, including specific Swiss legal terminology
4. Choice of Matrimonial Property Regime: Clear specification of the chosen regime under Swiss law (participation in acquired property, community of property, or separation of property)
5. Pre-marital Assets: Detailed listing and classification of assets owned by each spouse before marriage
6. Treatment of Future Assets: Rules for categorizing and handling assets acquired during marriage
7. Income and Earnings: Treatment of income, salaries, and business profits during marriage
8. Debts and Liabilities: Handling of existing and future debts, including personal and joint liabilities
9. Property Rights and Management: Rights and responsibilities regarding property management during marriage
10. Dissolution Provisions: Asset division rules in case of divorce or death
11. Governing Law: Confirmation of Swiss law application and relevant canton jurisdiction
12. Severability: Standard clause ensuring validity of remaining provisions if parts are found invalid
13. Execution: Signing requirements including notarization as per Swiss law
1. International Assets: Required when either spouse owns foreign assets or if international property transactions are contemplated
2. Business Interests: Needed when either spouse owns business interests or professional practices
3. Inheritance Provisions: Optional section addressing inheritance rights and forced heirship rules, particularly relevant for high-net-worth couples
4. Pension and Insurance: Detailed provisions for pension rights and insurance policies when significant pension assets exist
5. Real Estate Management: Required when couples own or plan to acquire significant real estate holdings
6. Gift Provisions: Rules regarding gifts between spouses or from third parties when significant gifts are expected
7. Intellectual Property Rights: Needed when either spouse has significant intellectual property assets
8. Future Children Provisions: Optional provisions regarding financial arrangements for future children
9. Currency Provisions: Required for international couples or those with assets in multiple currencies
1. Schedule A - Pre-marital Assets Inventory: Detailed listing of all assets owned by each spouse before marriage
2. Schedule B - Joint Assets Inventory: List of assets jointly owned or to be jointly owned by the spouses
3. Schedule C - Real Estate Details: Specific information about owned real estate properties including legal descriptions
4. Schedule D - Business Assets: Detailed description of business interests, shares, and professional practices
5. Schedule E - Bank Accounts and Investments: List of financial accounts, investments, and securities
6. Schedule F - Pension and Insurance Policies: Details of pension arrangements and insurance policies
7. Schedule G - Valuable Personal Property: Inventory of significant personal items like jewelry, art, or collectibles
8. Appendix 1 - Required Legal Declarations: Statutory declarations required under Swiss law
9. Appendix 2 - Property Valuations: Professional valuations of significant assets where required
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