The Separation of Assets Agreement is a crucial document in Swiss family law that allows married couples or those intending to marry to establish a clear legal framework for keeping their assets separate. This agreement is particularly relevant for business owners, high-net-worth individuals, or couples seeking clear financial independence within their marriage. Under Swiss law, while the default matrimonial property regime is participation in acquisitions (Errungenschaftsbeteiligung/Participation aux acquêts), couples can opt for a separation of assets regime through this agreement. The document must be executed before a notary and registered with civil authorities to be valid. It typically includes comprehensive details about current assets, provisions for future acquisitions, debt liability, and asset management rights. This agreement is especially important in cases involving business ownership, international assets, or complex financial situations where clear separation of financial interests is desired.
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1. Parties: Identification and details of both spouses entering into the agreement
2. Background: Context of the agreement, including marriage details and reason for choosing separation of assets regime
3. Definitions: Key terms used throughout the agreement, including definition of separate property, income, and other relevant terms
4. Purpose and Scope: Clear statement of intention to adopt separation of assets regime and its scope under Swiss law
5. Separate Property: Declaration that all assets owned by each spouse remain their separate property
6. Income and Earnings: Treatment of income and earnings during marriage as separate property
7. Management of Assets: Each spouse's rights to independently manage their assets
8. Debts and Liabilities: Provisions regarding individual responsibility for debts
9. Proof of Ownership: Rules for determining ownership of assets and required documentation
10. Disclosure Obligations: Requirements for financial disclosure between spouses
11. Termination: Circumstances under which the agreement terminates or can be modified
12. Governing Law: Confirmation of Swiss law as governing law and jurisdiction
13. Execution: Formal execution requirements including notarization provisions
1. Joint Purchases: Rules for handling assets purchased jointly during marriage - include when spouses anticipate joint investments
2. Business Interests: Specific provisions for business ownership and management - include when either spouse owns a business
3. Inheritance and Gifts: Treatment of inherited assets or gifts - include when significant inheritances are expected
4. International Assets: Provisions for foreign-owned assets - include when parties have international assets
5. Pension Rights: Treatment of pension and retirement benefits - include when significant pension rights exist
6. Shared Residence: Provisions regarding the family home - include when parties own or plan to own property together
7. Children's Expenses: Allocation of children's expenses - include when parties have or plan to have children
8. Tax Provisions: Specific tax-related arrangements - include when complex tax situations exist
1. Schedule A - Current Assets: Comprehensive list of each spouse's current assets and their values
2. Schedule B - Current Liabilities: List of each spouse's current debts and obligations
3. Schedule C - Business Assets: Detailed information about any business interests owned by either spouse
4. Schedule D - Real Estate: Details of any real estate owned by either spouse
5. Schedule E - Bank Accounts: List of all bank accounts and financial investments
6. Appendix 1 - Asset Valuations: Professional valuations of significant assets
7. Appendix 2 - Required Certificates: Marriage certificate and other relevant official documents
8. Appendix 3 - Powers of Attorney: Any relevant powers of attorney or authorizations
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