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Divorce Settlement Agreement Template for Switzerland

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Key Requirements PROMPT example:

Divorce Settlement Agreement

"I need a Divorce Settlement Agreement under Swiss law for a couple with two minor children, shared custody arrangement, and substantial international assets including properties in Switzerland and France, with the agreement to take effect from March 1, 2025."

Document background
The Divorce Settlement Agreement is a crucial legal document used in Swiss divorce proceedings to formalize and document the mutual understanding between divorcing spouses regarding all aspects of their separation. This agreement must comply with Swiss federal and cantonal laws, particularly the Swiss Civil Code (ZGB/CC) and related regulations. It is typically prepared when parties have reached an amicable agreement on key issues such as property division, pension splitting, child custody, and maintenance obligations. The document serves multiple purposes: it provides a clear framework for the parties' post-divorce relationship, ensures compliance with legal requirements, protects both parties' rights and obligations, and facilitates court approval of the divorce. The agreement becomes especially important in cases involving substantial assets, children, or international elements, as it helps prevent future disputes and provides a reference point for enforcing agreed terms.
Suggested Sections

1. Parties: Identification and details of both spouses entering into the agreement

2. Background: Information about the marriage, separation, and reason for divorce

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

4. Dissolution of Marriage: Formal declaration of the parties' intention to divorce and agreement to the terms

5. Division of Matrimonial Property: Detailed arrangement for the division of all marital assets and liabilities

6. Pension Division: Agreement on the division of occupational pension benefits (2nd pillar) and other retirement assets

7. Child Custody and Parental Responsibility: Arrangements for custody, care, and parental responsibility for any children of the marriage

8. Visitation Rights: Detailed schedule and terms for child visitation and access rights

9. Child Support: Terms and conditions of child maintenance payments

10. Spousal Maintenance: Terms and conditions of any alimony or spousal support payments

11. Tax Provisions: Agreement on tax matters and allocation of tax liabilities

12. Final Provisions: General clauses including governing law, jurisdiction, and amendment procedures

Optional Sections

1. International Aspects: Required when one or both parties reside abroad or have international assets

2. Business Interests: Required when dealing with the division of business assets or company ownership

3. Educational Arrangements: Required when specific provisions for children's education need to be addressed

4. Medical Insurance: Required when specific arrangements for health insurance coverage need to be made

5. Intellectual Property Rights: Required when dealing with the division of intellectual property assets

6. Pets and Animals: Required when arrangements need to be made for family pets

7. Future Dispute Resolution: Optional provisions for handling future disputes through mediation or arbitration

8. Religious Divorce: Required when religious aspects of divorce need to be addressed

Suggested Schedules

1. Schedule A - Asset and Liability Schedule: Detailed inventory of all marital assets and liabilities with agreed values

2. Schedule B - Child Visitation Schedule: Detailed calendar of visitation arrangements, including holidays and special occasions

3. Schedule C - Property Documentation: Copies of property titles, valuations, and transfer documents

4. Schedule D - Pension Information: Details of pension accounts and division calculations

5. Schedule E - Insurance Policies: List and details of all insurance policies and their disposition

6. Appendix 1 - Child Support Calculations: Detailed calculations of child support payments based on Swiss guidelines

7. Appendix 2 - Financial Disclosure Statements: Complete financial disclosures from both parties

8. Appendix 3 - Tax Documents: Relevant tax returns and documentation

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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