Matrimonial Agreement Template for Switzerland

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Key Requirements PROMPT example:

Matrimonial Agreement

I need a Swiss Matrimonial Agreement for an international couple (Swiss-German) who own multiple businesses across both countries, to be executed before their wedding in March 2025, with specific provisions for business asset separation and cross-border property management.

Document background
The Swiss Matrimonial Agreement is a crucial legal instrument used by couples who wish to establish clear rules regarding their property rights and financial relationships under Swiss law. This document is particularly relevant for couples with substantial assets, international connections, business interests, or those who wish to deviate from the default statutory property regime. The agreement must comply with strict formal requirements under Swiss law, including execution as a public deed before a notary. It typically covers property classification, asset management, debt responsibility, and division rules, while respecting mandatory Swiss legal provisions such as forced heirship rights. The document is especially important for international couples, business owners, or those entering second marriages, as it provides legal certainty and can help prevent future disputes.
Suggested Sections

1. Parties: Full identification of both spouses including full names, dates of birth, nationalities, and current addresses

2. Background: Brief context including date of marriage/planned marriage, current property regime, and reason for entering into the agreement

3. Definitions: Definitions of key terms used throughout the agreement, including specific Swiss legal terminology

4. Choice of Property Regime: Clear statement of the chosen property regime (e.g., separation of property, community of property, or modified participation in acquired property)

5. Classification of Assets: Detailed provisions on how different types of assets will be classified (personal property, joint property, acquired property)

6. Management of Property: Rules regarding the administration and disposal of assets during marriage

7. Debts and Liabilities: Provisions regarding responsibility for existing and future debts

8. Division of Property: Rules for property division in case of divorce or death

9. Mutual Rights and Obligations: General provisions about financial contributions, maintenance, and support during marriage

10. Formal Requirements: Statements ensuring compliance with Swiss legal requirements for matrimonial agreements

11. Governing Law: Explicit statement that Swiss law governs the agreement

12. Severability: Provision ensuring that if any part of the agreement is invalid, the rest remains in force

13. Execution: Signature blocks and notarization requirements

Optional Sections

1. International Provisions: Required when one or both spouses are foreign nationals or have assets abroad, addressing choice of law and jurisdiction issues

2. Business Interests: Required when one or both spouses own business interests, detailing how these will be treated

3. Inheritance Provisions: Optional provisions regarding inheritance rights, particularly relevant for couples wanting to modify statutory inheritance rights within legal limits

4. Real Estate: Required when couples own or plan to acquire real estate, particularly addressing the matrimonial home

5. Pension and Insurance: Optional section dealing with pension rights and insurance policies

6. Future Children: Optional provisions regarding financial arrangements for future children

7. Modification Procedure: Optional section outlining the process for future modifications to the agreement

Suggested Schedules

1. Schedule A - Inventory of Wife's Assets: Detailed list of all assets owned by the wife at the time of the agreement

2. Schedule B - Inventory of Husband's Assets: Detailed list of all assets owned by the husband at the time of the agreement

3. Schedule C - Joint Assets: List of all assets owned jointly by the parties

4. Schedule D - Business Assets: Detailed description of any business interests owned by either party

5. Schedule E - Real Estate: Details of any real estate owned by either party or jointly

6. Schedule F - Debts and Liabilities: List of all existing debts and liabilities of both parties

7. Appendix 1 - Certificate of Independent Legal Advice: Confirmations from each party's legal advisor that independent advice was received

8. Appendix 2 - Financial Disclosure Statements: Detailed financial disclosure from both parties

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

Relevant legal definitions
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