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 Agreements in Switzerland
Clear arrangements for your marriage: understanding matrimonial property regimes, drafting a sensible prenuptial agreement and ensuring legal certainty.
Matrimonial law in Switzerland
In Switzerland, matrimonial law governs the legal effects of marriage between two people. It is enshrined in the Swiss Civil Code (ZGB) and relates to:
- the personal rights and obligations of the spouses
- financial relations during the marriage
- the representation of the marital partnership
- the matrimonial property regime (matrimonial property regime)
- the consequences of separation, divorce or death
Marriage gives rise to legal rights and obligations. Spouses owe each other support and fidelity and share responsibility for the maintenance of the family. Both contribute to the maintenance of the family to the best of their ability, for example through gainful employment, housekeeping or childcare.
The law is based on the principle of equality. Decisions affecting married life must be taken jointly.
The matrimonial property regime
A central component of matrimonial law is the matrimonial property regime. It determines who owns which assets, who manages them, and how they are divided in the event of divorce or death.
In Switzerland, the law recognises three matrimonial property regimes:
- Participation in accrued gains (statutory matrimonial property regime)
- Separation of property
- Community of property
Which matrimonial property regime applies has significant financial consequences, particularly in the event of divorce or death.
A detailed description of the individual matrimonial property regimes and their differences can be found here.
The prenuptial agreement
Vorlage herunterladenSpouses can individually regulate their property relations through a prenuptial agreement. This allows them to:
- Agree on separate property or community of property
- Expand or specify separate property
- Adjust the division of assets in the event of divorce or death
A marriage contract is only valid if it is officially recorded, i.e. certified by a notary. A simple written agreement is not sufficient.
A marriage contract can provide clarity and help avoid future conflicts, particularly in the following areas:
- self-employment
- significant differences in assets
- blended families
- international connections
- planned business succession
You can find the options available under inheritance law (e.g. in combination with an inheritance contract or a usufruct) here.
How we support you in matrimonial law
We provide comprehensive advice and support on all matters relating to matrimonial law.
Our services include, in particular:
Advice and analysis
- Review of your current matrimonial property situation
- Assessment of risks and options
- Advice on international matters
Prenuptial agreements
- Drafting of bespoke prenuptial agreements
- Strategic coordination with inheritance law provisions
- Public notarisation
Conclusion
Matrimonial law affects key personal and financial aspects of life. Whether before or during marriage, clear and well-thought-out arrangements provide legal certainty and prevent future disputes.
Take the opportunity to have your situation professionally assessed and structured at an early stage. Contact us for a personal consultation and establish the legal framework for your marriage in a considered and forward-looking manner.
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.
Contact
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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