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Old 30.09.2012, 19:08
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Ehevertrag question

I don't know why but I keep reading that Ehevertrags are not enforceable and illegal here in Switzerland, is it true? I am looking to make up a prenuptial contract and it looks like that in the end it has no meaning !

I read these infos on Ticinos sites, is this changing canton by canton?

Are they legal for divorce concerns?
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Old 30.09.2012, 19:35
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Re: Ehevertrag question

No, they don't work here.

Either you have fully shared assets, fully separated assets, or shared assets acquired during the marriage but separate for those held by each before the marriage.

The type of marriage can be changed at any time by mutual agreement, but those are the three options.

Shared assets get divided equally in case of divorce, separate are, of course, separate.

Inheritance is ALWAYS separate, regardless of marriage type.

Tom

P.S. It may be different if both are non-Swiss.
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Old 30.09.2012, 19:40
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Re: Ehevertrag question

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No, they don't work here.

Either you have fully shared assets, fully separated assets, or shared assets acquired during the marriage but separate for those held by each before the marriage.

The type of marriage can be changed at any time by mutual agreement, but those are the three options.

Shared assets get divided equally in case of divorce, separate are, of course, separate.

Inheritance is ALWAYS separate, regardless of marriage type.

Tom

P.S. It may be different if both are non-Swiss.

And is it possible to redefine alimonies, household usage and things like that?

We're both non-swiss.
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Old 30.09.2012, 20:51
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Re: Ehevertrag question

You might want to read through this brochure on Swiss law regarding marriage contracts (and inheritance as well):

http://www.bj.admin.ch/content/dam/d...eherecht-d.pdf

Page 19 deals with marriage between two foreigners:

Sind Sie Ausländerin oder Ausländer und in der Schweiz wohnhaft, können Sie bestimmen, ob Sie güterrechtlich dem schweizerischen Recht oder Ihrem Heimatrecht unterstehen möchten. Ihre Wahl müssen Sie mit Ihrem Ehepartner bzw. Ihrer Ehepartnerin schriftlich vereinbaren. Wenn Sie keine ausdrückliche Wahl treffen, gilt schweizerisches Recht.

My very loose translation:

If you are foreigners living in Switzerland, you can choose if you will follow Swiss law as to marital property, or that of your own country. Both partners must put their agreement as to the choice in writing; if no choice is made, Swiss law stands.
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