Marriage contracts and prenuptial agreements are often viewed as unromantic, but they can be beneficial in resolving disputes in the event of a separation. In Switzerland, these agreements can help couples define how assets are divided and protect individuals from potential financial disputes. While there is no one-size-fits-all solution for divorce proceedings in Switzerland, prenuptial agreements or anticipated divorce conventions are becoming increasingly common.
In Switzerland, the default rule for divorce without a prenuptial agreement is equal division of assets acquired during the marriage. Couples have the option to define personal property or enter into a community of property or separation of assets through a marriage contract. It is crucial to understand the implications and consequences of a marriage contract before signing one, as it can have long-term effects.
Marriage contracts can be adjusted or changed at any time, even with retroactive validity. They must be notarized to be valid and can incur costs based on the scope and complexity of the agreement, as well as the fees set by notaries in different cantons. While they may not be necessary for every couple, marriage contracts can provide valuable protection in certain situations, especially for couples with significant assets or non-traditional role models.
Couples should consider their unique circumstances and future plans before deciding whether to enter into a marriage contract or prenuptial agreement. While there may be some stigma around these agreements, they can offer a sense of security and clarity in case of a separation. Ultimately, it is essential to make an informed decision that takes into account both partners’ needs and concerns before signing any legal documents related to marriage or divorce proceedings in Switzerland.
