Spousal Agreement Template for Switzerland

A Swiss Spousal Agreement is a legally binding document governed by the Swiss Civil Code (ZGB/CC) that establishes the terms and conditions of the financial and personal arrangements between married spouses. This comprehensive agreement covers aspects such as property division, maintenance obligations, pension arrangements, and other financial matters in accordance with Swiss law. The document must comply with strict Swiss legal requirements, including proper notarization and registration where required, and can address both current arrangements and future contingencies in the marriage relationship.

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What is a Spousal Agreement?

A Spousal Agreement serves as a crucial legal instrument in Swiss family law, allowing married couples to formalize their financial and personal arrangements in a legally binding manner. This document is particularly relevant when couples wish to deviate from the default matrimonial property regime under Swiss law, or when they need to establish clear terms regarding asset division, maintenance obligations, or pension arrangements. The agreement must comply with the Swiss Civil Code (ZGB/CC) and related regulations, requiring proper notarization and potentially court approval in certain circumstances. Typically used either at the time of marriage or during marriage, a Spousal Agreement can address various scenarios including property ownership, inheritance rights, and financial responsibilities. It's especially important for couples with significant assets, international connections, or complex financial arrangements.

What sections should be included in a Spousal Agreement?

1. Parties: Full legal names and details of both spouses, including current address, nationality, and date of birth

2. Background: Brief history of the marriage, date of marriage, and general purpose of the agreement

3. Definitions: Definitions of key terms used throughout the agreement

4. Interpretation: Rules for interpreting the agreement, including language preferences and governing law confirmation

5. Property Regime Selection: Clear statement of the chosen matrimonial property regime under Swiss law (separation of property, community of property, or participation in acquired property)

6. Current Assets and Liabilities: Declaration of each spouse's current assets and liabilities

7. Future Property Treatment: Agreement on how future acquired assets and inheritances will be treated

8. Maintenance Obligations: Details of any ongoing maintenance or support obligations between spouses

9. Dispute Resolution: Procedures for resolving any disputes arising from the agreement

10. Amendment Provisions: Process for making future amendments to the agreement

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

12. Signatures and Attestation: Formal execution section including notarization requirements

What sections are optional to include in a Spousal Agreement?

1. Children's Provisions: Include if the couple has children, detailing arrangements for their care and financial support

2. International Assets: Include if either spouse owns assets in other countries

3. Business Interests: Include if either spouse owns or operates a business

4. Inheritance Arrangements: Include specific provisions about inheritance if couples wish to modify statutory inheritance rights

5. Pension and Insurance: Include if specific arrangements for pension splitting or insurance policies need to be addressed

6. Residence Rights: Include if there are specific arrangements regarding the family home or multiple residences

7. Debt Management: Include if there are specific arrangements for handling existing or future debts

8. Cultural or Religious Requirements: Include if specific cultural or religious obligations need to be acknowledged

What schedules should be included in a Spousal Agreement?

1. Schedule A - Asset Inventory: Detailed list of all assets owned by both parties at the time of agreement

2. Schedule B - Liability Inventory: Detailed list of all liabilities of both parties at the time of agreement

3. Schedule C - Property Valuations: Professional valuations of significant assets such as real estate or businesses

4. Schedule D - Pension Information: Details of pension arrangements and agreements on division

5. Appendix 1 - Marriage Certificate: Copy of the official marriage certificate

6. Appendix 2 - Property Documents: Copies of property titles, deeds, or relevant registration documents

7. Appendix 3 - Financial Statements: Recent bank statements, investment portfolios, and other financial documentation

8. Appendix 4 - Independent Legal Advice Certificates: Certificates confirming both parties received independent legal advice

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

Service Agreement

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Legal Services

Financial Services

Real Estate

Banking

Insurance

Wealth Management

Public Administration

Notarial Services

Professional Services

Family Services

Relevant Teams

Legal

Family Law

Private Client Services

Wealth Management

Document Processing

Client Advisory

Notarial Services

Estate Planning

Financial Advisory

Compliance

Relevant Roles

Family Law Attorney

Legal Counsel

Notary Public

Wealth Manager

Financial Advisor

Estate Planner

Tax Consultant

Family Court Judge

Civil Registry Officer

Pension Fund Manager

Private Client Advisor

Matrimonial Lawyer

Legal Document Specialist

Family Mediator

Property Lawyer

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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