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Property Separation Agreement

Property Separation Agreement Template for Switzerland

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Key Requirements PROMPT example:

Property Separation Agreement

"I need a Property Separation Agreement that covers the division of our primary residence in Zurich, a holiday home in France, and several investment accounts, with special attention to my spouse's pension rights in their Geneva-based company, to be executed by March 2025."

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Document background
The Property Separation Agreement is a crucial legal instrument in Swiss family law, typically utilized when spouses or partners wish to formally separate their property and financial interests while maintaining legal clarity and protection. This document becomes essential in various scenarios: during marriage to change the property regime, in preparation for separation or divorce, or when partners wish to clearly delineate their financial affairs. The agreement must comply with Swiss federal law, particularly the Swiss Civil Code (ZGB/CC), and may also need to address cantonal requirements. It encompasses comprehensive details about the division of real estate, movable assets, financial accounts, pension rights, business interests, and debt obligations. The Property Separation Agreement requires proper execution, often including notarization, and may need registration with relevant authorities such as the land registry or pension administrators. Its preparation typically involves legal professionals and may require input from financial advisors, particularly for complex asset structures or international elements.
Suggested Sections

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

2. Background: Brief history of the relationship, current status, and reason for the property separation

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

4. Property Regime Declaration: Statement of the existing matrimonial property regime and confirmation of intention to separate property

5. Real Estate Division: Detailed provisions for the division of real estate properties, including primary residence and any investment properties

6. Personal Property Division: Division of movable assets, vehicles, furniture, and personal effects

7. Financial Assets: Division of bank accounts, investments, securities, and other financial instruments

8. Business Interests: Treatment of any business ownership, shares, or professional practices

9. Pension and Insurance: Division of pension rights, retirement benefits, and insurance policies

10. Debts and Liabilities: Allocation of joint debts, mortgages, and other financial obligations

11. Tax Provisions: Handling of tax liabilities and responsibilities

12. Implementation: Timeline and practical steps for implementing the agreement

13. Governing Law: Confirmation of Swiss law application and jurisdiction

14. Execution: Signature requirements and notarization provisions

Optional Sections

1. Intellectual Property Rights: Division of intellectual property rights when either party owns patents, trademarks, or copyrights

2. International Assets: Specific provisions for assets located outside Switzerland, including compliance with foreign laws

3. Future Inheritance Rights: Waiver or preservation of inheritance rights, particularly relevant for couples who remain married but separate property

4. Pets and Animals: Arrangements for pets when applicable, including custody and care expenses

5. Agricultural Property: Special provisions for agricultural land and farming assets, subject to Swiss agricultural property laws

6. Private Foundation Interests: Treatment of interests in private foundations or trusts

7. Future Cooperation: Framework for future cooperation in joint investments or business interests if maintained

Suggested Schedules

1. Schedule A - Real Estate Inventory: Detailed list of all real estate properties with legal descriptions and current market valuations

2. Schedule B - Personal Property Inventory: Comprehensive list of significant personal property items and their agreed distribution

3. Schedule C - Financial Assets Schedule: Detailed listing of all financial accounts, investments, and their current values

4. Schedule D - Debt Schedule: List of all joint and individual debts with current balances and payment responsibilities

5. Schedule E - Pension Valuation: Detailed calculation of pension values and division arrangements

6. Appendix 1 - Property Valuations: Independent valuations of significant assets

7. Appendix 2 - Legal Registrations: Copies of relevant property registrations and titles

8. Appendix 3 - Business Valuations: Professional valuations of business interests where applicable

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
Relevant legal definitions








































Clauses






























Relevant Industries

Legal Services

Real Estate

Financial Services

Banking

Insurance

Wealth Management

Public Administration

Notarial Services

Property Management

Professional Services

Relevant Teams

Legal

Wealth Management

Property Registration

Financial Advisory

Notarial Services

Real Estate Services

Family Law

Tax Advisory

Pension Administration

Document Management

Relevant Roles

Legal Counsel

Family Law Attorney

Notary Public

Property Lawyer

Wealth Manager

Financial Advisor

Estate Planning Specialist

Tax Consultant

Property Registrar

Pension Fund Manager

Real Estate Agent

Bank Manager

Family Office Manager

Divorce Mediator

Legal Administrator

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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