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Mutual Separation Agreement Marriage

Mutual Separation Agreement Marriage Template for Switzerland

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Key Requirements PROMPT example:

Mutual Separation Agreement Marriage

"I need a Mutual Separation Agreement Marriage under Swiss law for a separation effective March 1, 2025, with focus on dividing our shared property in Geneva and handling pension arrangements from my spouse's government employment."

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Document background
The Mutual Separation Agreement Marriage is a crucial legal document used in Switzerland when married couples decide to separate but are not yet pursuing divorce. This agreement, governed by the Swiss Civil Code (ZGB/CC), particularly Articles 111-112 and 176, provides a structured framework for managing the separation period. It details all essential aspects of the separation, including living arrangements, financial responsibilities, asset division, and if applicable, child-related matters. The document serves multiple purposes: it provides legal protection for both parties, establishes clear guidelines for the separation period, and can later form the basis for divorce proceedings if the couple decides to divorce. The agreement must comply with Swiss legal requirements and often requires input from legal professionals to ensure all provisions are enforceable under Swiss law. It's particularly important in cases where couples wish to formalize their separation while maintaining legal clarity about their rights and obligations.
Suggested Sections

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

2. Background: Brief history of the marriage, including date and place of marriage, current living situation, and mutual decision to separate

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

4. Purpose and Intent: Declaration of the parties' mutual intention to live separately and regulate their rights and obligations

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

6. Living Arrangements: Details of separate residences and any arrangements regarding the family home

7. Financial Arrangements: Comprehensive details of financial separation, including division of assets, debts, and ongoing financial obligations

8. Matrimonial Property Division: Specific arrangements for the division of matrimonial property according to Swiss law

9. Maintenance Payments: Details of any spousal maintenance arrangements

10. Tax Matters: Agreement on handling tax obligations and declarations

11. Insurance and Social Security: Arrangements regarding health insurance, life insurance, and social security benefits

12. Pension Division: Details of how occupational pension benefits will be divided

13. Future Rights and Claims: Waiver of future claims against each other except as provided in the agreement

14. Governing Law and Jurisdiction: Confirmation that Swiss law governs the agreement and specification of jurisdiction

15. Amendments: Process for making any future amendments to the agreement

16. Execution: Signature provisions and dating of the agreement

Optional Sections

1. Child Custody and Access: Required if the couple has children - details of custody arrangements, visitation rights, and parental responsibilities

2. Child Maintenance: Required if the couple has children - specific arrangements for child support and extraordinary expenses

3. Business Interests: Required if either party owns business interests - arrangements for division or continued operation

4. Pets: Required if the couple has pets - arrangements for pet custody and care

5. International Assets: Required if there are assets in multiple countries - specific arrangements for international property

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

7. Confidentiality: Optional provisions regarding privacy and confidentiality of the agreement terms

8. Dispute Resolution: Optional procedures for resolving future disputes through mediation or arbitration

Suggested Schedules

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

2. Schedule B - Liability Register: List of all joint and individual liabilities

3. Schedule C - Property Details: Detailed information about real estate properties and their disposition

4. Schedule D - Personal Property Division: Detailed list of how personal property and household items will be divided

5. Schedule E - Financial Accounts: List of all bank accounts, investment accounts, and their agreed distribution

6. Schedule F - Pension Information: Details of pension accounts and calculation of pension splitting

7. Appendix 1 - Marriage Certificate: Copy of the marriage certificate

8. Appendix 2 - Property Valuations: Independent valuations of significant assets

9. Appendix 3 - Financial Statements: Recent financial statements and tax returns as relevant

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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