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Separation And Distribution Agreement
"I need a Separation and Distribution Agreement under Swiss law for a couple with significant international assets, including properties in France and Germany, and shared business interests in a Geneva-based consulting firm, with the separation planned for March 2025."
1. Parties: Identification and details of both parties to the agreement
2. Background: Brief history of the marriage, date of separation, and reason for entering into this agreement
3. Definitions: Definitions of key terms used throughout the agreement
4. Effective Date and Legal Basis: The date when the agreement becomes effective and reference to relevant Swiss legal provisions
5. Living Arrangements: Details of separate living arrangements and any provisions regarding the family home
6. Division of Property: Comprehensive arrangement for division of matrimonial and personal property
7. Financial Provisions: Details of financial settlements, including any maintenance payments
8. Pension Rights: Division of pension entitlements under Swiss pension law
9. Debts and Liabilities: Allocation of existing debts and future financial responsibilities
10. Tax Provisions: Arrangements regarding tax obligations and declarations
11. Confidentiality: Provisions regarding privacy and confidentiality of the agreement terms
12. Governing Law: Confirmation of Swiss law as governing law and jurisdiction
13. Entire Agreement: Statement that this document represents the complete agreement between parties
14. Execution: Signature provisions and witnessing requirements
1. Children Arrangements: Required if there are minor children, covering custody, access, and maintenance
2. Business Interests: Required if either party owns business interests that need to be divided
3. International Assets: Required if there are assets in multiple jurisdictions
4. Inheritance Rights: Optional provisions regarding mutual renunciation of inheritance rights
5. Future Dispute Resolution: Optional provisions for mediation or arbitration in case of future disputes
6. Insurance Policies: Required if there are joint insurance policies to be divided or maintained
7. Intellectual Property Rights: Required if either party has IP rights that need to be addressed
8. Post-Separation Acquired Assets: Optional provisions regarding assets acquired after separation but before divorce
1. Schedule A - Real Estate: Detailed list and division of real estate properties
2. Schedule B - Personal Property: Itemized list of personal property division
3. Schedule C - Financial Accounts: List of all bank accounts, investments, and their agreed division
4. Schedule D - Vehicles: List of vehicles and their allocation
5. Schedule E - Pensions and Insurance: Details of pension arrangements and insurance policies
6. Schedule F - Outstanding Debts: Comprehensive list of debts and liabilities
7. Appendix 1 - Asset Valuation Reports: Professional valuations of significant assets
8. Appendix 2 - Tax Calculations: Details of tax implications and calculations
9. Appendix 3 - Pension Splitting Calculations: Detailed calculations for pension divisions
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