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Prenuptial Postnuptial Agreement Template for Switzerland

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Key Requirements PROMPT example:

Prenuptial Postnuptial Agreement

"I need a Prenuptial Agreement under Swiss law for a marriage planned for March 2025, where one party owns multiple tech startups in Switzerland and Germany, and the other party is a US citizen with significant investment portfolios; the agreement should focus on business asset protection and cross-border property rights."

Document background
The Prenuptial Postnuptial Agreement under Swiss law serves as a crucial tool for couples seeking to establish clear financial arrangements either before or during marriage. This document is particularly relevant in Switzerland due to its status as a global financial center with a high proportion of international marriages and significant private wealth management activities. The agreement must comply with the Swiss Civil Code requirements, including mandatory notarization, and can address various aspects such as property division, asset protection, and inheritance considerations. It's especially important for couples with substantial assets, business interests, or international connections, though it cannot override certain mandatory provisions of Swiss law, such as forced heirship rights. The document is commonly used in conjunction with broader estate planning strategies and can be particularly relevant for business owners, international couples, or those entering second marriages.
Suggested Sections

1. Parties: Identification and details of both parties to the agreement, including full legal names, dates of birth, current addresses, and nationalities

2. Background: Context of the agreement, including whether it's pre- or post-nuptial, date of marriage/intended marriage, and general purpose of the agreement

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

4. Choice of Matrimonial Property Regime: Specification of the chosen property regime (e.g., separation of property, modified participation in acquired property)

5. Pre-marital Assets: Detailed declaration of assets owned by each party before marriage, including their classification and agreed values

6. Treatment of Income and Future Assets: Rules for classification and division of income and assets acquired during marriage

7. Debts and Liabilities: Handling of existing and future debts, including responsibility and allocation between parties

8. Division of Property Upon Dissolution: Rules for property division in case of divorce or death, including calculation methods and timing

9. Maintenance Provisions: Arrangements regarding spousal maintenance during marriage and upon dissolution

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

11. Amendment and Termination: Conditions and procedures for modifying or terminating the agreement

12. Severability: Clause ensuring partial invalidity doesn't affect entire agreement

13. Execution: Formal execution requirements including notarization provisions

Optional Sections

1. International Assets: Special provisions for assets located outside Switzerland, including choice of law considerations

2. Business Interests: Specific provisions for handling business assets, shares, and intellectual property

3. Inheritance Provisions: Additional arrangements regarding inheritance rights, particularly relevant for couples with children from previous marriages

4. Pension and Insurance: Specific arrangements regarding pension rights and insurance policies

5. Real Estate: Detailed provisions for handling specific real estate properties

6. Family Heirlooms: Special provisions for family heirlooms or items of particular sentimental value

7. Foreign Marriage Considerations: Additional provisions ensuring agreement validity in relevant foreign jurisdictions

8. Future Children: Provisions regarding future children's financial arrangements, within Swiss law limitations

Suggested Schedules

1. Schedule A - Pre-marital Assets of First Party: Detailed inventory and valuation of first party's pre-marital assets

2. Schedule B - Pre-marital Assets of Second Party: Detailed inventory and valuation of second party's pre-marital assets

3. Schedule C - Joint Assets: List and description of assets already jointly owned

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

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

6. Schedule F - Excluded Assets: List of assets specifically excluded from matrimonial property

7. Appendix 1 - Asset Valuation Reports: Professional valuations of significant assets

8. Appendix 2 - Legal Certificates: Relevant legal documents including marriage certificates, property titles

Authors

Alex Denne

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

Relevant legal definitions













































Clauses










































Relevant Industries

Legal Services

Private Wealth Management

Financial Services

Real Estate

Professional Services

Family Office Services

Notary Services

International Business

Private Banking

Relevant Teams

Legal

Private Client Services

Wealth Management

Family Law

International Advisory

Estate Planning

Client Relations

Notarial Services

Financial Advisory

Relevant Roles

Private Client Lawyer

Wealth Manager

Family Law Attorney

Notary Public

Estate Planning Attorney

International Tax Advisor

Private Banker

Family Office Manager

Trust Officer

Financial Planner

Relationship Manager

Legal Counsel

Asset Manager

Family Law Mediator

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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