Dr. J. Bollag & Cie. AG – Unter Altstadt 10 – CH-6302 Zug
T +41 41 729 08 08 – F +41 41 729 08 09 – office@bollag.ch
Dr. J. Bollag & Cie. AG – Unter Altstadt 10 – CH-6302 Zug
T +41 41 729 08 08 – F +41 41 729 08 09 – office@bollag.ch
Prenuptial and Nuptial Agreement
Marriage contract (prenuptial agreement / nuptiual agreement) in Switzerland costs & information about marriage
What is a marriage contract?
A marriage contract (prenuptial or nuptial agreement) is an important agreement that spouses can make before and after marriage to regulate their financial affairs with regard to their assets. In Switzerland, there are three different property regimes: the participation in acquired property, the community of property and the separation of property. All three have different legal and financial implications.
Participation in acquired property, separation of property or community of property? A simple comparison of the property regimes
In Switzerland, there are three property regimes that govern the handling of the assets of spouses during the marriage and in the event of a divorce (or annulment of the marriage), the agreement of another property regime or the dissolution of the marriage upon the death of a spouse.
These property regimes each have different effects on the administration and distribution of assets.
1. Participation in acquired property
The participation in acquired property is the statutory so-called ordinary property regime in Switzerland, unless the spouses agree otherwise contractually. The assets are divided into two categories for each spouse:
• Own property:
This includes any assets owned by a spouse before the marriage, as well as personal items, inheritances or gifts received during the marriage.
• Acquired property:
This includes all assets acquired during the marriage, whether through work or income from the couple’s own property.
In the event of a divorce or the death of a spouse, the amount of acquired property is divided equally unless otherwise agreed in a marriage contract, while each spouse keeps their own property. This allows for a fair distribution of the assets acquired together during the marriage, while personal assets remain untouched.
2. Separation of property
With a separation of property, the spouses’ assets remain completely separate. Each spouse manages his or her own assets and is only liable for his or her own debts. This means:
• Anything acquired by a spouse before or during the marriage remains his or her sole property.
• In the event of a divorce or death, no joint assets are divided because none exist. Each person keeps his or her own assets.
This matrimonial property regime is often chosen when spouses want to maintain their financial independence, but it can also lead to complicated situations if there is no joint distribution of assets.
3. Community of property
In community of property, the spouses’ assets are combined into one joint asset. This includes both assets acquired before the marriage and assets accumulated during the marriage, unless something has been defined as separate property, such as inheritances.
• There is joint property that is managed jointly by both spouses.
• In the event of a divorce or death, this joint property will be divided equally, unless otherwise agreed.
Community property offers a comprehensive financial unification of the spouses, which requires trust and agreement. It is particularly suitable for couples who work closely together and do not wish to separate their finances. The consent of both spouses is required when selling assets from the joint property.
Costs for a marriage contract (prenuptial agreement or nuptial agreement)
The cost of a prenuptial or nuptial agreement can vary greatly depending on the complexity of the agreement and the legal and notarization fees. It is advisable to find out about the costs in advance and obtain various quotes. A simple prenuptial agreement / nuptial agreement can cost a few hundred francs, while more complex agreements containing extensive assets and individual clauses can be significantly more expensive. It is worth investing in qualified legal advice to ensure that the agreement meets all legal requirements and protects the interests of both parties.
Marriage and inheritance contract
An inheritance contract is another important agreement that is often concluded together with a marriage contract (prenuptial / nuptial agreement). It regulates how assets are distributed after the death of a spouse. An inheritance contract can be particularly important to ensure that the surviving spouse is financially secure and that the distribution of assets corresponds to the wishes of both parties. In Switzerland, the inheritance contract makes it possible to make individual agreements that go beyond the statutory inheritance regulations, which can be particularly advantageous in the case of patchwork families or complex asset relationships.
usufruct
Usufruct is a legal concept. It allows a person to use another person’s property and derive income from it without being the owner themselves. An inheritance contract can stipulate that a spouse receives the right to usufruct of certain assets. This can be useful in the case of real estate, for example, to ensure that one partner can continue to live in the shared home even if it was owned by the other partner. Usufruct can therefore contribute to financial security and create clear rules in the event of a separation.
Template marriage contract Switzerland
To create a marriage contract (prenuptial / nuptial agreement) in Switzerland, it can be helpful to use a template. These templates provide a structured basis and ensure that all important points are taken into account. There are various templates tailored to specific needs, from simple regulations to more complex agreements. Nevertheless, it is advisable to have the contract reviewed by a specialist lawyer to ensure that all legal aspects are covered and that the contract is individually adapted. A well-thought-out template can make the process much easier and provide legal certainty.
CONCLUSION
A well-drafted prenuptial or nuptial agreement can prevent many future conflicts and provide legal and financial clarity for both partners. Whether it is participation in acquired property, separation of property or a combination of both, it is worth thinking about it early on and seeking professional advice. Use templates and seek advice from a specialist lawyer to ensure that all legal aspects are covered. A carefully drafted prenuptial agreement (before marriage) or nuptial agreement (during marriage) helps to strengthen trust and security in the marriage and minimize potential disputes in the future.
How can we help you?
Contact us today to find out how a prenuptial agreement can secure your assets for future generations and simplify your financial and personal complexities.
YOUR CONTACT PARTNERS
RA MLaw Christian Blättler
Abteilungsleiter Legal
Legal Counsel
christian.blaettler@bollag.ch
Dr. iur. Dr. h.c. Josef Bollag
Verwaltungsratspräsident, Firmengründer
Legal Counsel
josef.bollag@bollag.ch
Lic. iur. Urs Klingelfuss
Geschäftsführendes Mitglied des Verwaltungsrats
Legal Counsel
urs.klingelfuss@bollag.ch
RA Dr. iur. Jacob Bollag
Geschäftsführendes Mitglied des Verwaltungsrats
Legal Counsel
jacob.bollag@bollag.ch
MLaw, Dr. phil. Tetyana Miller
Legal Counsel
tetyana.miller@bollag.ch
About
Dr. J. Bollag & Cie. AG builds on more than 45 years of experience in advising families and entrepreneurs at home and abroad. Specializing in holistic family office mandates, the Group provides complex solutions across the business areas of family office services, tax & law, corporate services, and finance.
Working closely with its partner company, Tramondo Investment Partners AG, Dr. J. Bollag & Cie. AG provides its clients seamless access to sophisticated asset protection, wealth and asset management solutions.
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Dr. J. Bollag & Cie. AG
Unter Altstadt 10
CH-6302 Zug
T +41 41 729 08 08
F +41 41 729 08 09
office@bollag.ch
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