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Legal Separation Financial Agreement Template for Switzerland

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Key Requirements PROMPT example:

Legal Separation Financial Agreement

"I need a Legal Separation Financial Agreement that focuses on the division of our family business interests and pension arrangements, with special consideration for my tech startup valued at 3 million CHF and my spouse's partnership in a local medical practice."

Document background
The Legal Separation Financial Agreement is a crucial document used in Switzerland when married couples decide to legally separate without immediately pursuing divorce. This agreement is governed by Swiss federal law, particularly the Swiss Civil Code (ZGB/CC), and must comply with cantonal requirements. It provides a comprehensive framework for managing financial matters during separation, including asset division, maintenance payments, pension splitting, and ongoing financial obligations. The document becomes especially important as Switzerland requires a separation period before divorce in many cases, and having clear financial arrangements during this period is essential. The agreement must consider specific Swiss legal requirements regarding matrimonial property regimes, pension division rules, and tax implications. It serves as a legally binding document that can later be incorporated into divorce proceedings if the couple decides to divorce.
Suggested Sections

1. Parties: Identification and details of both spouses, including full legal names, addresses, and citizenship status

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

3. Definitions: Key terms used throughout the agreement

4. Date of Separation: Official date of separation and its legal implications

5. Living Arrangements: Details of who will occupy the matrimonial home and any temporary living arrangements

6. Division of Assets: Comprehensive breakdown of how matrimonial assets will be divided

7. Financial Obligations: Ongoing financial responsibilities of each party

8. Maintenance Payments: Details of any spousal maintenance arrangements

9. Pension Provisions: Division of pension entitlements as per Swiss pension law

10. Tax Arrangements: Agreement on tax matters and filing status

11. Future Income: Treatment of income earned after separation

12. Debts and Liabilities: Allocation of existing debts and future financial responsibilities

13. Binding Effect: Legal status of the agreement and its enforceability

14. Governing Law: Confirmation of Swiss law application and relevant canton

15. Dispute Resolution: Process for resolving future disagreements

16. Signatures: Execution clause and signature blocks

Optional Sections

1. Children's Arrangements: Required if the couple has children - includes custody, access, and child maintenance provisions

2. Business Interests: Required if either party owns business assets or shares that need to be divided

3. International Assets: Required if there are assets located outside Switzerland

4. Inheritance Rights: Optional section addressing any inheritance rights or expectations

5. Insurance Policies: Required if there are joint insurance policies to be divided or maintained

6. Intellectual Property: Required if either party has IP rights that need to be addressed

7. Pets: Required if there are pets whose custody needs to be determined

8. Future Sale of Property: Required if there is agreement to sell property at a future date

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

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all matrimonial assets and their agreed values

2. Schedule B - Property Details: Details of real estate properties including ownership and valuation

3. Schedule C - Financial Disclosure: Complete financial disclosure from both parties

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

5. Schedule E - Debt Schedule: Comprehensive list of all debts and liabilities

6. Appendix 1 - Property Valuations: Professional valuations of significant assets

7. Appendix 2 - Pension Statements: Current pension statements from relevant institutions

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

9. Appendix 4 - Bank Statements: Recent bank statements for all relevant accounts

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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Financial Advisor

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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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