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Divorce Parenting Agreement Template for Switzerland

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Key Requirements PROMPT example:

Divorce Parenting Agreement

"I need a Divorce Parenting Agreement for my two children (ages 8 and 11), with shared custody arrangements and specific provisions for international travel as I work between Switzerland and Germany, to be effective from March 2025."

Document background
The Divorce Parenting Agreement is a crucial legal document used in Swiss divorce proceedings where minor children are involved. It serves as a binding arrangement between divorcing parents, detailing their rights and responsibilities regarding their children's upbringing post-divorce. This agreement must comply with Swiss federal law, particularly the Swiss Civil Code (ZGB), and may need to account for specific cantonal requirements. The document is typically required as part of the divorce settlement and must be approved by the competent Swiss court. It covers comprehensive arrangements for custody, visitation, education, healthcare, and financial support, while emphasizing the Swiss legal system's focus on protecting children's best interests. The agreement may be modified if circumstances change significantly, subject to court approval.
Suggested Sections

1. Parties: Identification of both parents and children, including full legal names, dates of birth, and current addresses

2. Background: Brief history of the marriage, separation, and current situation, including reference to the main divorce proceedings

3. Definitions: Key terms used throughout the agreement, including 'residential parent', 'contact time', 'school holidays', etc.

4. Best Interests of the Children: Statement of commitment to prioritizing children's welfare and the principles guiding the agreement

5. Parental Responsibility: Definition and allocation of parental rights and responsibilities under Swiss law

6. Living Arrangements: Primary residence of children and basic custody arrangement

7. Contact Schedule: Detailed arrangements for time spent with each parent during regular weeks

8. Holiday Arrangements: Distribution of school holidays, public holidays, and special occasions

9. Education: Arrangements regarding school choice, parent participation in education decisions

10. Healthcare: Medical decision-making, health insurance, and handling of medical emergencies

11. Child Support: Financial arrangements for children's maintenance as per Swiss law

12. Communication: Methods and protocols for parents to communicate regarding children's matters

13. Dispute Resolution: Process for resolving disagreements about the agreement's interpretation or implementation

14. Modification: Circumstances and procedures for modifying the agreement

15. Governing Law: Confirmation of Swiss law governance and relevant jurisdictional matters

Optional Sections

1. International Travel: Required if there's potential for international travel or if parents have different nationalities

2. Religious Upbringing: Include when parents have different religious beliefs or specific religious requirements

3. Language: Necessary when parents speak different languages or have specific requirements about children's language education

4. Relocation Provisions: Include if there's possibility of either parent moving to a different canton or country

5. Special Needs Care: Required if any child has special medical, educational, or developmental needs

6. Extended Family Contact: Include if maintaining relationships with extended family members requires specific arrangements

7. Social Media and Privacy: Optional section regarding social media posting and online privacy of children

8. Extra-curricular Activities: Include if there are specific arrangements needed for activities, including cost sharing

Suggested Schedules

1. Schedule A - Contact Calendar: Detailed calendar showing regular contact schedule and holiday arrangements

2. Schedule B - Financial Schedule: Detailed breakdown of child support calculations and shared expenses

3. Schedule C - Communication Protocol: Detailed procedures for routine and emergency communications between parents

4. Schedule D - Medical Information: Children's medical history, allergies, and current healthcare providers

5. Schedule E - Education Information: Current school details, academic calendar, and education-related contacts

6. Appendix 1 - Important Contacts: List of relevant professional contacts (doctors, teachers, therapists)

7. Appendix 2 - Travel Consent Form: Template for travel authorization when one parent travels with children

8. Appendix 3 - Expense Claim Form: Template for claiming shared expenses related to children

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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