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Marital Settlement Agreement

Marital Settlement Agreement Template for Switzerland

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Key Requirements PROMPT example:

Marital Settlement Agreement

"I need a Marital Settlement Agreement for a Swiss couple with two minor children, including provisions for shared custody, division of our family home in Geneva, and my pension from UBS where I've worked for 15 years; the agreement should be ready for court submission by March 2025."

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Document background
The Marital Settlement Agreement is a crucial document in Swiss divorce proceedings, used when spouses wish to formalize the terms of their separation and divorce. It must comply with the Swiss Civil Code (ZGB/CC) and related federal legislation, particularly regarding property division, pension splitting, and maintenance obligations. This agreement is typically prepared when parties have reached consensus on major aspects of their divorce, either independently or through mediation. It needs to address all relevant aspects of the marriage dissolution, including asset division, financial support, pension rights, and if applicable, child-related matters. The document requires careful drafting to ensure it meets Swiss legal requirements and can be effectively enforced. Once approved by a Swiss court, it becomes legally binding and serves as the framework for post-divorce obligations and rights.
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, including date and place of marriage, separation date, and general grounds for divorce

3. Definitions: Key terms used throughout the agreement for clarity and legal certainty

4. Purpose and Intent: Statement of the parties' intention to settle all matters related to their divorce amicably and definitively

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

6. Pension Division: Arrangements for the splitting of occupational pension benefits as per Swiss law

7. Maintenance and Support: Details of any spousal maintenance arrangements, including amount, duration, and payment terms

8. Tax Provisions: Agreements regarding tax obligations and arrangements for current and future tax years

9. Release of Claims: Mutual release of future claims against each other's estate or property

10. Governing Law and Jurisdiction: Confirmation of Swiss law application and competent courts

11. Amendment and Modification: Procedures for making any future modifications to the agreement

12. Severability: Provision ensuring that if any part of the agreement is invalid, the rest remains effective

13. Entire Agreement: Confirmation that this document represents the complete agreement between parties

14. Execution: Details of signing requirements and effective date

Optional Sections

1. Child Custody and Access: Required if the couple has minor children, detailing custody arrangements, visitation rights, and decision-making responsibilities

2. Child Support: Required if there are minor children, specifying support amounts, payment schedules, and special expenses

3. International Provisions: Required if either party lives abroad or plans to relocate, addressing jurisdiction and enforcement issues

4. Business Interests: Required if either party owns business interests, detailing their division or retention

5. Inheritance Rights: Optional section addressing any specific arrangements regarding inheritance or succession rights

6. Insurance Provisions: Required if there are shared insurance policies or requirements for maintaining insurance coverage

7. Dispute Resolution: Optional section specifying mediation or arbitration procedures before court proceedings

8. Confidentiality: Optional section when parties wish to keep settlement terms private

9. Religious Divorce: Required if parties need to address religious aspects of divorce

10. Future Asset Discovery: Optional section addressing the treatment of assets discovered after the agreement

Suggested Schedules

1. Schedule A - Real Estate: Detailed list of all real estate properties and their agreed disposition

2. Schedule B - Personal Property: Comprehensive inventory of personal property and their allocation

3. Schedule C - Financial Assets: List of bank accounts, investments, and other financial assets with agreed division

4. Schedule D - Debts and Liabilities: Detailed list of all debts and responsibilities for their payment

5. Schedule E - Pension Details: Specific details of pension division calculations and arrangements

6. Schedule F - Insurance Policies: List of insurance policies and their disposition

7. Schedule G - Child Custody Schedule: Detailed visitation and custody calendar if applicable

8. Schedule H - Child Support Calculations: Detailed calculations of child support obligations if applicable

9. Appendix 1 - Financial Disclosure: Sworn financial statements from both parties

10. Appendix 2 - Property Valuations: Professional valuations of significant assets where applicable

Authors

Alex Denne

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

alex.den.21@genieai.co
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