The Pre-Marriage Agreement is a crucial document for couples planning to marry in Switzerland or under Swiss law who wish to establish clear financial and property arrangements different from the default statutory regime. It becomes particularly important when either party has substantial assets, business interests, international connections, or complex financial situations. The agreement must comply with Swiss Civil Code requirements and typically includes detailed provisions about property regimes, asset division, inheritance rights, and financial obligations. It requires notarization and must be registered with Swiss authorities to be valid. The document is especially relevant for high-net-worth individuals, international couples, business owners, or those with complex family situations from previous relationships.
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Key Requirements PROMPT example:
Pre Marriage Agreement
"I need a Pre Marriage Agreement under Swiss law for a marriage planned for March 2025, where I own multiple international businesses and real estate properties, and my future spouse has children from a previous marriage."
1. Parties: Identification and details of both parties entering into the agreement
2. Background: Context of the agreement, including the intended marriage date and acknowledgment of independent legal advice
3. Definitions: Key terms used throughout the agreement, including property classifications and relevant legal concepts
4. Choice of Matrimonial Property Regime: Specification of the chosen property regime (e.g., separation of property, modified participation in acquired property)
5. Pre-Marital Assets: Declaration and treatment of assets owned by each party before marriage
6. Future Acquisitions: Treatment of assets acquired during marriage, including inheritance and gifts
7. Debts and Liabilities: Handling of existing and future debts, including personal and joint liabilities
8. Income and Earnings: Treatment of income earned during marriage and any business profits
9. Disclosure Obligations: Requirements for financial disclosure and ongoing transparency
10. Termination Provisions: Effects of marriage dissolution or death on the agreement
11. Governing Law: Confirmation of Swiss law application and jurisdiction
12. Execution: Formal requirements for signing and notarization
1. International Assets: Required when either party has significant assets outside Switzerland
2. Business Interests: Needed when either party owns or may inherit business interests
3. Inheritance Arrangements: Optional provisions regarding inheritance rights and forced heirship
4. Real Estate: Specific provisions for existing or future real estate ownership
5. Pension and Insurance: Detailed arrangements for pension rights and insurance policies
6. Children's Provisions: Required if either party has children from previous relationships
7. Taxation: Needed for couples with complex tax situations or international tax exposure
8. Maintenance Provisions: Optional arrangements for spousal maintenance in case of separation
9. Dispute Resolution: Alternative dispute resolution mechanisms beyond standard court proceedings
1. Schedule A - Pre-Marital Assets of First Party: Detailed inventory of first party's assets and their values at time of agreement
2. Schedule B - Pre-Marital Assets of Second Party: Detailed inventory of second party's assets and their values at time of agreement
3. Schedule C - Pre-Marital Debts: List of existing debts and liabilities of both parties
4. Schedule D - Business Interests: Detailed description of any business ownership and valuation
5. Schedule E - Real Estate: Details of any real estate ownership including mortgages
6. Schedule F - Certificate of Independent Legal Advice: Confirmations from legal advisors for both parties
7. Schedule G - Financial Disclosure Statements: Comprehensive financial disclosure from both parties
8. Appendix 1 - Valuation Reports: Any professional valuations of significant assets
9. Appendix 2 - Supporting Documents: Copies of relevant certificates, titles, and other supporting documentation
Authors
Relevant legal definitions
Agreement
Marriage
Effective Date
Parties
Property Regime
Own Property
Acquired Property
Common Property
Separate Property
Matrimonial Home
Pre-Marital Assets
Future Acquisitions
Income
Business Interests
Professional Activity
Inheritance
Gift
Forced Heirship Rights
Pension Rights
Swiss Civil Code
Marital Property
Separate Estate
Joint Estate
Material Change
Disposal
Encumbrance
Financial Disclosure
Bankruptcy Event
Governing Law
Jurisdiction
Independent Legal Advice
Notarial Deed
Civil Registry
Maintenance
Termination Event
Separation
Divorce
Death
Liquidation
Valuation Date
Fair Market Value
Liabilities
Privileged Assets
Foreign Assets
Matrimonial Property Rights
Reserved Property
Marriage
Effective Date
Parties
Property Regime
Own Property
Acquired Property
Common Property
Separate Property
Matrimonial Home
Pre-Marital Assets
Future Acquisitions
Income
Business Interests
Professional Activity
Inheritance
Gift
Forced Heirship Rights
Pension Rights
Swiss Civil Code
Marital Property
Separate Estate
Joint Estate
Material Change
Disposal
Encumbrance
Financial Disclosure
Bankruptcy Event
Governing Law
Jurisdiction
Independent Legal Advice
Notarial Deed
Civil Registry
Maintenance
Termination Event
Separation
Divorce
Death
Liquidation
Valuation Date
Fair Market Value
Liabilities
Privileged Assets
Foreign Assets
Matrimonial Property Rights
Reserved Property
Clauses
Interpretations
Definitions
Property Regime Selection
Asset Classification
Property Division
Financial Disclosure
Inheritance Rights
Maintenance Obligations
Pension Rights
Real Estate
Business Interests
Debt Management
Asset Protection
Matrimonial Home
Income and Earnings
Gift Treatment
International Assets
Dispute Resolution
Jurisdiction
Governing Law
Amendment
Severability
Entire Agreement
Third Party Rights
Force Majeure
Notices
Costs
Registration
Termination
Confidentiality
Independent Legal Advice
Representations and Warranties
Further Assurance
Execution
Definitions
Property Regime Selection
Asset Classification
Property Division
Financial Disclosure
Inheritance Rights
Maintenance Obligations
Pension Rights
Real Estate
Business Interests
Debt Management
Asset Protection
Matrimonial Home
Income and Earnings
Gift Treatment
International Assets
Dispute Resolution
Jurisdiction
Governing Law
Amendment
Severability
Entire Agreement
Third Party Rights
Force Majeure
Notices
Costs
Registration
Termination
Confidentiality
Independent Legal Advice
Representations and Warranties
Further Assurance
Execution
Relevant Industries
Legal Services
Wealth Management
Real Estate
Financial Services
Private Banking
Family Office Services
Professional Services
Notarial Services
Insurance
Asset Management
Relevant Teams
Legal
Wealth Management
Private Banking
Family Office
Client Advisory
Compliance
Risk Management
Estate Planning
International Private Client
Document Management
Relevant Roles
Private Client Lawyer
Family Law Attorney
Wealth Manager
Private Banker
Estate Planner
Notary Public
Legal Counsel
Family Office Manager
Financial Advisor
Asset Manager
Trust Officer
Relationship Manager
Risk Management Officer
Compliance Officer
Professional Trustee
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