Prenuptial Agreement for Switzerland

Prenuptial Agreement Template for Switzerland

A Swiss prenuptial agreement is a legally binding contract executed before marriage under Swiss law, specifically governed by the Swiss Civil Code (ZGB/CC). This document establishes the property rights and financial obligations of prospective spouses, allowing them to modify the statutory matrimonial property regime. It must be executed in the presence of a notary public and can address both domestic and international assets. The agreement can specify the chosen property regime, detail the treatment of pre-marital assets, define how marital property will be handled, and establish provisions for property division in case of marriage dissolution.

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What is a Prenuptial Agreement?

The Swiss Prenuptial Agreement serves as a crucial legal instrument for couples planning to marry under Swiss jurisdiction who wish to establish clear property rights and financial arrangements different from the statutory regime. This document is particularly relevant for high-net-worth individuals, international couples, business owners, or those with complex asset structures. Under Swiss law, the agreement must be notarized and can address various aspects including pre-marital assets, inheritance rights, business interests, and international property. It's especially important given Switzerland's role as a global financial center and its specific matrimonial property laws found in the Swiss Civil Code. The document can be particularly complex when dealing with international elements, requiring careful consideration of cross-border implications and potentially multiple jurisdictions.

What sections should be included in a Prenuptial Agreement?

1. Parties: Full legal names and details of both prospective spouses, including current addresses and nationalities

2. Background: Brief context about the relationship, intention to marry, and purpose of the agreement

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

4. Choice of Matrimonial Property Regime: Clear specification of the chosen property regime under Swiss law (e.g., separation of property, modified participation in acquisitions)

5. Pre-marital Assets: Detailed provisions regarding assets owned by each party before marriage and their treatment

6. Treatment of Income During Marriage: Provisions regarding the treatment of income earned during marriage, including salary, business income, and investment returns

7. Joint Assets and Liabilities: Provisions regarding jointly acquired assets and shared liabilities during marriage

8. Inheritance and Gifts: Treatment of inherited assets and gifts received during marriage

9. Dissolution Provisions: Arrangements for property division in case of divorce or death

10. Governing Law and Jurisdiction: Confirmation of Swiss law application and jurisdiction

11. Formal Requirements and Execution: Provisions regarding notarization and registration requirements under Swiss law

What sections are optional to include in a Prenuptial Agreement?

1. International Assets: Specific provisions for assets located outside Switzerland, including choice of law considerations - used when either party has foreign assets

2. Business Interests: Detailed provisions regarding business ownership and valuation - used when either party owns or may inherit business interests

3. Real Estate: Specific provisions for real estate ownership and management - used when parties own or plan to acquire significant real estate

4. Intellectual Property Rights: Provisions regarding intellectual property ownership and revenues - used for parties with significant IP assets

5. Pension and Insurance Arrangements: Specific provisions for pension splitting and insurance policies - used when parties have significant pension assets

6. Debt Protection: Provisions protecting each spouse from the other's debts - used when there are significant debt concerns

7. Future Inheritance Expectations: Provisions regarding expected future inheritances - used when significant inheritances are anticipated

8. Children's Provisions: Provisions regarding financial arrangements for existing or future children - used when relevant to property division

What schedules should be included in a Prenuptial Agreement?

1. Schedule A - Pre-marital Assets of First Party: Detailed inventory and valuation of first party's pre-marital assets

2. Schedule B - Pre-marital Assets of Second Party: Detailed inventory and valuation of second party's pre-marital assets

3. Schedule C - Joint Assets: List and description of any existing joint assets

4. Schedule D - Business Interests: Detailed description and valuation of business interests owned by either party

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

6. Schedule F - Excluded Assets: List of specific assets excluded from matrimonial property

7. Appendix 1 - Asset Valuation Reports: Independent valuation reports for significant assets

8. Appendix 2 - Legal Certificates: Relevant legal certificates and registrations

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

Jurisdiction

Switzerland

Publisher

Genie AI

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Legal Services

Wealth Management

Private Banking

Real Estate

Family Office Services

Professional Services

Notarial Services

Insurance

Financial Services

Business Advisory

Relevant Teams

Legal

Wealth Management

Private Banking

Family Office

Risk & Compliance

Corporate Advisory

Client Relations

Financial Planning

Asset Management

Document Management

Relevant Roles

Family Lawyer

Private Banker

Wealth Manager

Notary Public

Legal Counsel

Family Office Manager

Estate Planner

Financial Advisor

Tax Consultant

Asset Manager

Private Client Advisor

Corporate Lawyer

Business Consultant

Risk Manager

Relationship Manager

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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