In the absence of a matrimonial contract, income and property accumulated during the marriage are generally classified as a common estate. In the event of a divorce, the assets and liabilities are divided equally between the two spouses. When the wedding bells ring, we like to think of beautiful things: love between two people, romance and, hopefully, a lifetime adventure. And the outlook is also favourable: the divorce rate in Switzerland is falling for the first time in more than 50 years. It is no longer one in two, but one in three marriages that ends in divorce. However, while this may be good news for those who want to get married, there is still a residual risk, as not only a marital crisis, but also a self-sustaining business, death or large debt can be risk factors. Find out how marital property is settled and where a marriage contract is useful and recommended. c. in the state whose right to spousal property has been restored or is recognized under this Act; or all assets and liabilities that are not expressly counted as a separate estate in a marriage contract are considered common estate rights and the two spouses share the same rights and obligations to them. Foreign matrimonial property decisions must be recognised in Switzerland if: 3.2 What are the procedural conditions of a marriage contract in the event of divorce? When the spouse`s home is transferred from one state to another, the law of the new place of residence applies and acts retroactively from the date of marriage. Spouses can exclude retroactivity by reconciling it in writing. An amendment to the residence does not affect the applicable law if the spouses have agreed in writing to continue the application of the previous law or if they are bound by a matrimonial inheritance contract. (Article 55, Swiss Statute of Private International Law) Yes, as stated in the answer to question 1.3, any agreement between the spouses under the principle of divorce and its ancillary cases must always be approved by a judge.
If it is custody of the children and the parents do not agree on this issue, the decision will be on the judge`s shoulders, who will judge the general situation to decide this matter. Among other things, and taking into account the child`s well-being, the judge will consider the parents` parenting capacity, their place of residence and distance between them, the child`s own preferences, etc. in making his or her decision. Divorce time depends heavily on the route chosen and the availability of the courts. As a simple indication, a divorce by joint application with a full agreement can last up to a few months; In the meantime, a more adversarial divorce could take a few years to close, especially in Geneva. Marriage and leave contracts are compulsory under Swiss law, as long as they meet certain legal requirements. They must be concluded by a „notarial deed.” Article 184, BGB. The notary has a duty to verify whether the contract is based on the free will of the parties and in accordance with the law. The notary must also explain to the parties their current legal status and the changes made by the marriage contract, ensure that the parties understand the importance of the contract and ensure that the contractual provisions meet the wishes of the parties. However, if the notary does not comply with these obligations, the contract remains valid, even if the notary can be sued for damages.