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Post Nup Agreement

Post Nup Agreement Template for Switzerland

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Key Requirements PROMPT example:

Post Nup Agreement

"I need a Swiss Post Nup Agreement to protect my newly established tech startup and its intellectual property, while ensuring fair treatment of our shared family home and joint savings acquired during the marriage."

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Document background
The Post Nup Agreement is a crucial legal instrument in Swiss family law, typically used when married couples wish to modify their property arrangements after marriage. It becomes particularly relevant when there are significant changes in financial circumstances, inheritance receipts, business developments, or international relocations. The agreement must comply with Articles 181-251 of the Swiss Civil Code (ZGB/CC) and requires notarial authentication to be valid. Common scenarios for implementing a Post Nup Agreement include protecting business assets, addressing newly acquired wealth, clarifying property rights after relocation to Switzerland, or adjusting financial arrangements due to changed circumstances. The document typically includes comprehensive asset listings, detailed financial arrangements, and specific provisions for property division, all while ensuring compliance with Swiss public policy and mandatory matrimonial law provisions.
Suggested Sections

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

2. Background: Details of the marriage, date and place of celebration, and reason for entering into the post-nuptial agreement

3. Definitions: Key terms used throughout the agreement, including definitions of separate and joint property

4. Applicable Law: Confirmation that Swiss law governs the agreement and jurisdiction details

5. Current Matrimonial Property Regime: Statement of existing property regime and any previous matrimonial agreements

6. Property Classification: Detailed provisions on how existing and future assets will be classified (separate vs. matrimonial property)

7. Division of Property: Agreed arrangements for division of property during marriage and in case of dissolution

8. Financial Obligations: Ongoing financial responsibilities and obligations of each spouse

9. Debts and Liabilities: Treatment of existing and future debts, including individual and joint liabilities

10. Disclosure Obligations: Requirements for financial disclosure and updating of asset information

11. Amendment and Termination: Conditions under which the agreement can be modified or terminated

12. Severability: Provision ensuring remainder of agreement stays valid if any part is found invalid

13. Execution: Formal execution requirements including notarization provisions

Optional Sections

1. International Assets: Required when either spouse owns assets in other countries, addressing cross-border property issues

2. Business Interests: Needed when either spouse owns business interests, detailing treatment of business assets and income

3. Inheritance Provisions: Optional section addressing treatment of inherited assets and future inheritances

4. Pension and Insurance: Detailed provisions for pension rights and insurance policies when significant pension assets exist

5. Real Estate: Specific provisions for real estate holdings, particularly family home arrangements

6. Intellectual Property: Required when either spouse has significant intellectual property rights

7. Future Children: Provisions regarding impact of future children on property arrangements

8. Tax Provisions: Specific tax-related arrangements when complex tax situations exist

Suggested Schedules

1. Schedule A - Current Assets: Comprehensive list and valuation of all current assets owned by both parties

2. Schedule B - Current Liabilities: Detailed list of all current debts and liabilities of both parties

3. Schedule C - Business Assets: Detailed inventory of business interests and their agreed treatment

4. Schedule D - Real Estate: List and details of all real estate holdings including ownership structure

5. Schedule E - Banking Information: List of bank accounts and investment portfolios

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

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

8. Appendix 3 - Previous Agreements: Copies of any relevant previous agreements affecting property division

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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