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Financial Separation Agreement Template for Switzerland

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Key Requirements PROMPT example:

Financial Separation Agreement

"I need a Financial Separation Agreement under Swiss law for a high-net-worth couple with international assets, including property in Zurich and Geneva, multiple investment portfolios, and shared business interests in the pharmaceutical sector, with the separation to take effect from March 1, 2025."

Document background
The Financial Separation Agreement is a critical document used when married or registered partners in Switzerland decide to separate but are not yet pursuing divorce. It provides a comprehensive framework for managing their financial affairs independently while ensuring compliance with Swiss legal requirements. The agreement typically includes detailed provisions for asset division, liability allocation, maintenance payments, and pension arrangements, all structured according to Swiss Civil Code (ZGB) and related federal legislation. This document becomes particularly important in Switzerland's legal context, where formal separation often precedes divorce and requires careful consideration of complex financial matters including pension splitting (under BVG regulations) and property division. The agreement can be used as a foundation for eventual divorce proceedings or can stand alone as a long-term arrangement for couples who choose to remain legally married but live separately.
Suggested Sections

1. Parties: Identification and details of both parties to the agreement

2. Background: Brief history of the marriage/relationship, date of separation, and reason for the agreement

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

4. Purpose of Agreement: Statement of the parties' intention to regulate their financial affairs during separation

5. Effective Date: Specification of when the agreement takes effect

6. Separation of Financial Affairs: General principles of financial separation and independence

7. Division of Assets: Detailed arrangement for division of matrimonial and non-matrimonial assets

8. Division of Liabilities: Agreement on handling joint debts and individual liabilities

9. Maintenance Payments: Details of any spousal maintenance arrangements

10. Pension Provisions: Agreement on division of pension entitlements as per Swiss BVG regulations

11. Tax Arrangements: Agreement on tax obligations and responsibilities

12. Bank Accounts: Arrangements for separate banking and closure of joint accounts

13. Future Financial Claims: Waiver or reservation of rights regarding future financial claims

14. Governing Law: Confirmation that the agreement is governed by Swiss law

15. Dispute Resolution: Process for resolving any disputes arising from the agreement

Optional Sections

1. Children's Financial Arrangements: Required if there are minor children, covering child maintenance and special expenses

2. Business Interests: Required if either party owns or has interests in business ventures

3. International Assets: Required if parties have assets in multiple jurisdictions

4. Real Estate Arrangements: Required if the parties own property together or individually

5. Inheritance Rights: Optional section addressing mutual waiver of inheritance rights

6. Insurance Policies: Required if there are joint life, health, or other insurance policies

7. Intellectual Property Rights: Required if either party has IP rights to be addressed

8. Confidentiality: Optional section for maintaining privacy of the agreement terms

9. Future Cohabitation: Optional section addressing financial implications if either party cohabits with new partner

Suggested Schedules

1. Schedule A - Asset Register: Comprehensive list of all assets owned jointly or separately

2. Schedule B - Liability Register: Detailed list of all debts and liabilities

3. Schedule C - Pension Details: Information about pension arrangements and division

4. Schedule D - Property Valuations: Professional valuations of significant assets

5. Schedule E - Income Details: Current income information for both parties

6. Schedule F - Budget Calculations: Detailed calculations for maintenance payments

7. Appendix 1 - Property Documents: Copies of property ownership documents and valuations

8. Appendix 2 - Financial Statements: Recent bank statements and financial account information

9. Appendix 3 - Pension Statements: Current pension valuations and statements

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

Relevant legal definitions







































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Family Law Attorney

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Pension Fund Manager

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