By marriage, the spouses form a marital union in which they owe loyalty and support to each other. In addition to the marital obligations it entails, marriage also has economic consequences. It affects, inter alia, the financial situation between the spouses. Questions such as “which assets and income are to be shared by both spouses in the future?” or “which assets and income does a spouse have sole entitlement to?” arise again and again.
Under Swiss law, the spouses are subject to the ordinary marital property regime of participation in acquired property, unless the regime of separation of property has taken effect. If the ordinary regime of participation in acquired property is dissolved by divorce, death or the choice of a new marital property regime, the acquired property is divided equally between the spouses. The spouses are free not to enter the ordinary marital property regime and to choose a different marital property regime provided for by law. This is done by means of a marital agreement. Please do not hesitate to contact us for any further information.
Questions relating to the “marriage contract”
The marriage contract is a marital property agreement concluded between the spouses.
A marriage contract can depart from the ordinary marital property regime of participation in acquired property. You can agree to a marital property regime provided for by the Swiss Civil Code (SCC) (i.e. separation of property or community of property), or the marital property regime can be modified within legal limits, thus allowing for individual arrangements.
Yes, a marriage contract can also be concluded before or after the marriage
To enter into a marriage contract, the spouses must have capacity of judgement.
In addition, the conclusion of a marriage contract must in all cases be made by notarial deed.