Swiss Prenuptial Agreement

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A marriage contract that contains provisions relating to matrimonial regimes and does not provide for the other effects of a divorce is considered a marriage contract and is not subject to a judicial review of fairness. On the other hand, an agreement to result in a divorce is treated differently from a marriage contract and is subject to judicial review. Article 140, BGB. A marriage agreement is an essential document for the wealthy people they must have when they get married, and is one of the services a Family Office can help you with. Spouses can only choose, modify or modify their ownership rights within the limits of Swiss law. Article 182, paragraph 2, of the BGB. You can choose between legal protection regimes. Whatever regime they choose, it can only be amended in a specifically authorized manner and to an expressly authorized extent. Spouses cannot create their own plan. However, you can settle certain property rights issues in writing with a simple written contract, but such an agreement is not considered a marriage contract. Registered spouses or associates may opt out of the Swiss system of “participation in acquisition” by choosing “co-ownership” or “separation of ownership” through a marriage or post-transfer agreement. It is also possible to adapt the agreement to the specific needs of a couple within certain legal limits.

This agreement defines real estate and commitments that become common goods – that is, they belong together to the couple – and which remain the separate estate of each. With the solemnity of marriage, marital agreements come into force. Article 182, BGB. Spouses can enter into a marriage contract at any time or change or consider that a marriage contract is not concluded. Marriage contracts (marriage contracts in Switzerland) are useful tools for the management of private discounts. They can be used to indicate whether certain assets will be the exclusive property of a single spouse and whether certain assets will be common assets. One might also think of Roseanne Barr, who ranks second among the top ten women`s divorce deals in Hollywood. Roseanne Barr refused a marriage – and even fired her lawyer because she was offering to close one – when she married Tom Arnold in 1990. Four years later, when her bad divorce was publicized, she might have regretted that decision. In the end, Tom Arnold reportedly left the marriage with a salary of $50 million.

Is that why Roseanne Barr later said, “My husband and I did not sign an agreement before the wedding. We signed a suicide pact”? By developing a marriage pact, you can determine precisely whether spouses become co-owners of all real estate that could only be acquired by one or the other during their lifetime, or whether only certain estate or income matters become joint property after marriage. A marriage contract (marriage contract) must be concluded if you want this kind of marriage scheme. Marriage contracts must be certified by a notary. It allows three types of properties: Content: What is a marital contract? What can you arrange with a marriage agreement? Our support A marriage contract is normally signed before you get married. Sometimes the signing or modification of a marriage pact during the marriage (a post-superior contract) can also be used as an estate planning tool.