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Separation Settlement Agreement

Separation Settlement Agreement Template for Switzerland

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Key Requirements PROMPT example:

Separation Settlement Agreement

"I need a Separation Settlement Agreement for a Swiss couple with two minor children, significant international assets including properties in France and Germany, and shared business interests in a tech startup, with the separation to take effect from March 1, 2025."

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Document background
The Separation Settlement Agreement is a crucial legal instrument in Swiss family law, used when married couples decide to legally separate without immediately pursuing divorce. This document, regulated under the Swiss Civil Code and related federal legislation, provides a formal framework for couples to arrange their affairs during separation. It typically includes detailed provisions for financial arrangements, property division, maintenance obligations, living arrangements, and if relevant, child custody and access arrangements. The agreement must comply with both federal Swiss law and applicable cantonal regulations, making it essential to have proper legal guidance during its preparation. A Separation Settlement Agreement can either serve as a temporary arrangement or as a stepping stone toward divorce proceedings, and it needs to address both immediate separation needs and potential long-term implications.
Suggested Sections

1. Parties: Full legal identification of both spouses, including current addresses and citizenship status

2. Background: Brief history of marriage, date of separation, and reason for entering into agreement

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

4. Date of Separation: Official date of separation and its implications

5. Living Arrangements: Details of physical separation and residence arrangements

6. Financial Provisions: Overview of financial arrangements, including maintenance payments and division of expenses

7. Division of Assets: Agreement on division of matrimonial property and other assets

8. Division of Liabilities: Agreement on handling of joint debts and ongoing financial obligations

9. Pension Arrangements: Division of pension and retirement benefits as per Swiss law

10. Tax Provisions: Agreement on tax matters and filing status

11. Future Conduct: Guidelines for future interactions and responsibilities

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

13. Modification: Process for modifying the agreement

14. General Provisions: Standard legal clauses including severability and entire agreement

Optional Sections

1. Child Custody and Access: Required if the couple has children - details of custody arrangements, visitation rights, and parental responsibilities

2. Child Support: Required if the couple has children - details of financial support for children

3. Business Interests: Required if either party owns business assets - arrangements for division or continued operation

4. International Assets: Required if parties have assets in multiple countries - specific provisions for international property

5. Pets: Required if there are pets involved - arrangements for care and custody of pets

6. Intellectual Property: Required if either party has IP rights - arrangements for ownership and royalties

7. Insurance Policies: Required if there are joint insurance policies - arrangements for continuation or division

8. Confidentiality: Optional clause for maintaining privacy of separation terms

Suggested Schedules

1. Schedule A - Asset Inventory: Detailed list of all matrimonial assets and their agreed values

2. Schedule B - Property Details: Specific details of real estate properties and their disposition

3. Schedule C - Financial Accounts: List of all bank accounts, investments, and their division

4. Schedule D - Personal Property: Inventory and division of personal belongings

5. Schedule E - Maintenance Calculation: Detailed calculation of any maintenance payments

6. Schedule F - Pension Information: Details of pension arrangements and calculations

7. Appendix 1 - Children's Arrangements: Detailed parenting plan and schedule (if applicable)

8. Appendix 2 - Supporting Documents: Copies of relevant certificates, property titles, and financial statements

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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