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Antenuptial Agreement Template for Switzerland

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Key Requirements PROMPT example:

Antenuptial Agreement

"I need a Swiss Antenuptial Agreement for a planned marriage in March 2025, where both parties want to maintain separate property regimes, with specific provisions for protecting my existing technology startup and my fiancée's family inheritance."

Document background
An Antenuptial Agreement under Swiss law is a crucial document for couples planning to marry who wish to establish clear property rights and financial arrangements that differ from the statutory regime. This document is particularly important in Switzerland's international context, where couples often have cross-border assets or mixed nationalities. The agreement must comply with Articles 182-195 of the Swiss Civil Code and requires public authentication (notarization). It's typically used when parties wish to opt out of the default property regime of participation in acquired property (Errungenschaftsbeteiligung), protect business assets, maintain separate property, or establish clear rules for asset division. The document should be executed well before the marriage and must include comprehensive financial disclosures from both parties to ensure validity under Swiss law.
Suggested Sections

1. Parties: Full legal names, addresses, and identification details of both parties to the marriage

2. Background: Context of the agreement, including the planned marriage date and general intention of the parties

3. Definitions: Definitions of key terms used throughout the agreement, including property classifications and technical terms

4. Property Regime Selection: Clear statement of the chosen property regime (separation of property, modified participation in acquisitions, or community of property)

5. Pre-marriage Assets: Declaration and treatment of assets owned by each party before marriage

6. Future Assets: Agreement on how assets acquired during marriage will be treated

7. Debts and Liabilities: Treatment of existing and future debts and financial obligations

8. Maintenance Obligations: Provisions regarding spousal maintenance during marriage and in case of separation

9. Inheritance Rights: Agreement on inheritance rights and any modifications to statutory inheritance provisions

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

11. Modification and Termination: Procedures for modifying the agreement and circumstances for termination

12. Severability: Clause ensuring partial invalidity doesn't void entire agreement

13. Execution: Signature requirements and notarization provisions

Optional Sections

1. International Assets: Required when either party has assets in other countries, addressing international property rights and jurisdiction

2. Business Interests: Needed when either party owns or may inherit business interests, detailing treatment of business assets and income

3. Intellectual Property: Required when either party has significant intellectual property rights or expected future rights

4. Real Estate: Detailed provisions for existing or future real estate ownership when significant property holdings exist

5. Pension and Insurance: Specific arrangements for pension rights and insurance policies when these are significant assets

6. Children's Provisions: Required when there are children from previous relationships or specific arrangements for future children

7. Cultural or Religious Requirements: Needed when specific cultural or religious obligations need to be incorporated

8. Confidentiality: Optional provisions for maintaining privacy of the agreement and its terms

Suggested Schedules

1. Schedule A - Pre-marriage Assets of First Party: Detailed inventory of first party's assets and their values at time of marriage

2. Schedule B - Pre-marriage Assets of Second Party: Detailed inventory of second party's assets and their values at time of marriage

3. Schedule C - Shared Property List: List of assets agreed to be treated as shared property regardless of acquisition timing

4. Schedule D - Excluded Assets: List of specific assets to be excluded from property division

5. Schedule E - Business Valuations: Independent valuations of any business interests owned by either party

6. Appendix 1 - Financial Disclosures: Certified financial statements and tax returns of both parties

7. Appendix 2 - Legal Certificates: Copies of relevant legal documents including birth certificates and divorce decrees if applicable

8. Appendix 3 - Property Valuations: Professional valuations of significant assets like real estate or collectibles

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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