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Post Nuptial Agreement for Switzerland

Post Nuptial Agreement Template for Switzerland

A Swiss Post Nuptial Agreement is a legally binding document executed after marriage that modifies or establishes the matrimonial property regime between spouses under Swiss law. This agreement must comply with the Swiss Civil Code (ZGB/CC) and requires notarization to be valid. It allows couples to modify their property rights, establish clear guidelines for asset division, and protect business interests while ensuring compliance with Swiss federal and cantonal requirements. The document can address both domestic and international assets, making it particularly relevant for international couples or those with cross-border interests.

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What is a Post Nuptial Agreement?

A Post Nuptial Agreement under Swiss law is utilized when married couples wish to modify their matrimonial property regime or establish clear guidelines for their financial relationship after their marriage has already taken place. This document becomes particularly important in cases involving high-net-worth individuals, business owners, international couples, or situations where there has been a significant change in financial circumstances after marriage. The agreement must comply with strict Swiss legal requirements, including mandatory notarization, and can cover aspects such as property division, business interests, inheritance rights, and financial obligations. Swiss law provides three main matrimonial property regimes: participation in acquired property (the default regime), community of property, and separation of property. The Post Nuptial Agreement can be used to switch between these regimes or modify their standard provisions within legal limits.

What sections should be included in a Post Nuptial Agreement?

1. Parties: Identification of both spouses with full legal names, dates of birth, nationalities, and current addresses

2. Background: Details of the marriage (date and place), current matrimonial regime, and reasons for entering into the post-nuptial agreement

3. Definitions: Definitions of key terms used throughout the agreement, including specific Swiss legal terminology

4. Choice of Law: Express confirmation that Swiss law governs the agreement and identification of relevant cantonal jurisdiction

5. Current Property Status: Declaration of current assets and liabilities of both parties

6. Selected Matrimonial Property Regime: Specification of the chosen property regime (e.g., separation of property, participation in acquired property, or community of property)

7. Property Division Rules: Detailed rules for division of current and future property, including acquired property and own property

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

9. Maintenance Obligations: Provisions regarding ongoing financial obligations between spouses

10. Execution Requirements: Requirements for notarization and registration with relevant authorities

11. Amendment Provisions: Procedures for modifying the agreement in the future

12. Severability: Standard clause ensuring validity of remaining provisions if any provision is found invalid

What sections are optional to include in a Post Nuptial Agreement?

1. International Assets: Required when parties own assets in multiple jurisdictions, addressing cross-border property ownership and applicable laws

2. Business Interests: Required when either party owns business interests, addressing treatment of business assets and future profits

3. Inheritance Provisions: Optional section dealing with inheritance rights and expectations, particularly relevant for mixed-nationality couples

4. Language Provisions: Required when agreement is drafted in multiple languages, specifying which version prevails

5. Pension and Insurance: Required when specific arrangements for pension splitting or insurance policies need to be addressed

6. Real Estate: Required when dealing with specific provisions for existing or future real estate ownership

7. Intellectual Property: Required when either party has significant intellectual property assets

What schedules should be included in a Post Nuptial Agreement?

1. Schedule A - Asset Inventory: Detailed list of all assets owned by both parties at the time of agreement

2. Schedule B - Liability Inventory: Detailed list of all liabilities of both parties at the time of agreement

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

4. Schedule D - Real Estate: Details of real estate properties and their ownership structure

5. Schedule E - Banking Information: List of bank accounts and financial investments

6. Appendix 1 - Marriage Certificate: Copy of marriage certificate with certified translation if necessary

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

Authors

Alex Denne

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

Jurisdiction

Switzerland

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
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