Prenuptial Agreements vs. Anticipated Divorce Contracts: Choosing the Right Property Regime for Your Swiss Marriage

Prenuptial agreements are often viewed as unromantic, but they can simplify matters in the event of a separation. While prenuptial agreements can address topics like married names, maintenance payments, asset management, and retirement planning, they must be approved by a court in Switzerland to ensure their appropriateness. In this country, not everything can be regulated through such agreements.

Divorce lawyer Franziska Mulle explains that anticipated divorce conventions, or advance conventions, have become common in Switzerland. These agreements anticipate a divorce event at the time of signing the contract. Marriage contracts, on the other hand, focus on property law and aim to protect spouses in the event of early death or divorce. Couples in Switzerland can opt for different property regimes through a marriage contract.

Couples in Switzerland can choose between separation of property or community of property regimes through a marriage contract. These agreements can be adjusted throughout the marriage and require notarization for validity. The cost of a prenuptial agreement varies based on its scope and location, with fees set by individual cantons. While a marriage contract may not be necessary for every couple, it can provide security in certain situations, particularly for couples with existing assets or unique circumstances.

The decision to enter into a prenuptial agreement should be carefully considered to ensure both partners are protected. As societal attitudes toward divorce evolve and there is growing openness among younger generations to discuss and consider prenuptial agreements as a precautionary measure.