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Prenuptial Agreement After Marriage

Prenuptial Agreement After Marriage Template for Switzerland

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Key Requirements PROMPT example:

Prenuptial Agreement After Marriage

"I need a Prenuptial Agreement After Marriage under Swiss law to protect my growing tech startup, which I founded during our marriage in January 2025, and to ensure clear separation of business assets from our marital property."

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Document background
The Prenuptial Agreement After Marriage (postnuptial agreement) under Swiss law serves as a crucial tool for married couples seeking to modify their property arrangements after their wedding. This document becomes necessary when spouses wish to change their matrimonial property regime, clarify asset ownership, or establish new financial arrangements during their marriage. It must comply with the strict requirements of the Swiss Civil Code, including mandatory notarization and consideration of Swiss forced heirship rules. The agreement typically contains comprehensive financial disclosures, detailed asset schedules, and specific provisions for property division. It's particularly relevant for couples experiencing significant financial changes, receiving inheritances, starting businesses, or dealing with international assets. The document must be drafted carefully to ensure enforceability within the Swiss legal framework while protecting both parties' interests.
Suggested Sections

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

2. Background: Statement of existing marriage, date and place of marriage, current property regime, and intention to modify property arrangements

3. Definitions: Definitions of key terms used throughout the agreement, including types of property, valuation dates, and specific legal terms

4. Choice of Law: Express confirmation that Swiss law governs the agreement and acknowledgment of Swiss Civil Code provisions

5. Property Regime Selection: Declaration of chosen property regime (e.g., separation of property, participation in acquired property) under Swiss law

6. Separate Property: Definition and listing of assets that remain separate property of each spouse

7. Joint Property: Definition and treatment of jointly owned assets and future acquisitions

8. Financial Disclosure: Comprehensive disclosure of each spouse's financial position and assets

9. Division of Property Upon Dissolution: Agreed arrangements for property division in case of divorce or death

10. Mutual Releases: Waivers of claims to certain property rights as permitted under Swiss law

11. Severability: Provision ensuring partial invalidity doesn't void entire agreement

12. Execution Requirements: Acknowledgment of notarization requirement and formal execution provisions

Optional Sections

1. International Property: 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 provisions regarding inheritance rights, subject to Swiss forced heirship rules

4. Pension and Insurance: Specific arrangements for pension rights and insurance policies when relevant

5. Future Acquisitions: Special provisions for treatment of significant future inheritances or gifts

6. Debt Allocation: Specific provisions for existing or future debt allocation if needed

7. Alternative Dispute Resolution: Provisions for mediation or arbitration before court proceedings

8. Regular Review: Provisions for periodic review and potential adjustment of terms

Suggested Schedules

1. Schedule A - Wife's Separate Property: Detailed inventory and valuation of wife's separate property at agreement date

2. Schedule B - Husband's Separate Property: Detailed inventory and valuation of husband's separate property at agreement date

3. Schedule C - Joint Property: List and valuation of all jointly owned property

4. Schedule D - Business Assets: Detailed description and valuation of any business interests

5. Schedule E - Real Estate: Details of all real estate holdings including ownership structure and valuations

6. Schedule F - Financial Accounts: List of all bank accounts, investments, and financial instruments

7. Appendix 1 - Independent Legal Advice: Certificates confirming each party received independent legal advice

8. Appendix 2 - Financial Disclosure: Detailed financial statements and supporting documentation

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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