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Old 08.08.2020, 23:40
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Marriage contract

Dear all,
This is a question from my friend. We look for advice on this website.
Her fiancee whats to marry bit under a one condition- a marriage contract.
They both are not Swiss, they have one child.
Je wants to and in this contract that they dont do share 50:50 of assets accumulated during marriage. Basicly he doesnt want to share a bonus (Which is quiet significant) with her, only fix salary.
Is this commun regime here ?
She doesnt work for the moment, as she takes care of the child.
He can also do the same for rent 1 st and 2nd pilar or division is obligatory by law ?
Many thanks
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Old 09.08.2020, 00:30
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Re: Marriage contract

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Dear all,
This is a question from my friend. We look for advice on this website.
Her fiancee whats to marry bit under a one condition- a marriage contract.
They both are not Swiss, they have one child.
Je wants to and in this contract that they dont do share 50:50 of assets accumulated during marriage. Basicly he doesnt want to share a bonus (Which is quiet significant) with her, only fix salary.
Is this commun regime here ?
She doesnt work for the moment, as she takes care of the child.
He can also do the same for rent 1 st and 2nd pilar or division is obligatory by law ?
Many thanks
They can decide for "Gütertrennung" (separate estate), which means no sharing at divorce (there will always be something to share though .... furniture .... dog LOL ... what ever) and no having to stand up for the other one's debts (smart solution if one of the two goes into business).
AHV and second pillar will be shared by law though. Second pillar used to be by decision of the judge when I got divorced but now is the law. 3rd pillar used to also be decision by the judge and I'm not sure about that, you would have to google.
As to costs of living: The one who can pays. He won't get out of this. Marriage is about taking care of/take responsibility for the other.
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  #3  
Old 09.08.2020, 08:17
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Re: Marriage contract

I would be seriously worried about this. I quite like the way the law in Switzerland is set up that anything "produced" within the marriage belongs to both in equal parts, and anything that is "outside" the marriage (i.e. produced before or inheritance) belongs to each spouse.
Why would he not want to share his bonus?
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Old 09.08.2020, 09:05
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Re: Marriage contract

Explanation here

https://www.ch.ch/en/matrimonial-regime/
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Old 09.08.2020, 09:26
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Re: Marriage contract

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Dear all,
This is a question from my friend. We look for advice on this website.
Her fiancee whats to marry bit under a one condition- a marriage contract.
They both are not Swiss, they have one child.
Je wants to and in this contract that they dont do share 50:50 of assets accumulated during marriage. Basicly he doesnt want to share a bonus (Which is quiet significant) with her, only fix salary.
Is this commun regime here ?
She doesnt work for the moment, as she takes care of the child.
He can also do the same for rent 1 st and 2nd pilar or division is obligatory by law ?
Many thanks
Swiss marriage laws already seem pretty fair to me... sharing 50/50 of only what is gained during the marriage, and very importantly excluding inheritances. At least compared to, for example, the UK where people can be married only for a relatively short time and can potentially fight to get half of EVERYTHING, which is imo absolute BS.

Unless of course his base salary is HUGE (like, hundreds of thousands)... in which case maybe these are exceptional circumstances that can be considered reasonable, especially if he wife-to-be has no income or assets her own. However, in these situations I just would not get married.
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Old 09.08.2020, 09:35
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Re: Marriage contract

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I would be seriously worried about this. I quite like the way the law in Switzerland is set up that anything "produced" within the marriage belongs to both in equal parts, and anything that is "outside" the marriage (i.e. produced before or inheritance) belongs to each spouse.
Why would he not want to share his bonus?
Because women instigate over 70% of divorces and so no sane man would enter into a deal where he can lose the fruits of his hard work because his wife no longer feels happy.....
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Old 09.08.2020, 09:50
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Re: Marriage contract

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I quite like the way the law in Switzerland is set up that anything "produced" within the marriage belongs to both in equal parts, and anything that is "outside" the marriage (i.e. produced before or inheritance) belongs to each spouse.
That is the default marriage regime, but you can also choose to keep every acquired during the marriage separate, it is not at all obligatory to share.

Tom
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Old 09.08.2020, 12:35
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Re: Marriage contract

If this is an issue they can certainly afford a lawyer which can give the correct information and help to setup the needed marriage contract.

If they can not afford a lawyer they properly better suited with the standard property regime anyway or should not get married in the first place at all.
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Old 09.08.2020, 12:37
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Re: Marriage contract

How do people prove what they each had before marriage? We made no record... that said we didn't have anything worth talking about.
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Old 09.08.2020, 12:59
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Re: Marriage contract

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How do people prove what they each had before marriage? We made no record... that said we didn't have anything worth talking about.
A tax declaration before marriage. Old bank statements. Photos. Land registry entries. Car registration papers. (See the "Ersatzbeschaffung für Eigengut" loop hole, where you pre-marriage Fiat Panda becomes a Bugatti Chiron).
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Old 31.08.2020, 22:06
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Prenup expats

Hello,
My partner and me want to marry but last time he told me that only under one condition- that we make a prenup.
We have a child together and I plan to come back to work soon but not 100%.
He told me he wants to share with me his salary and only 10% of bonus, the rest he takes for himself. Is this normal in Switzerland ?
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Old 31.08.2020, 22:14
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Re: Prenup expats

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Hello,
My partner and me want to marry but last time he told me that only under one condition- that we make a prenup.
We have a child together and I plan to come back to work soon but not 100%.
He told me he wants to share with me his salary and only 10% of bonus, the rest he takes for himself. Is this normal in Switzerland ?
Yes.
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Old 31.08.2020, 22:42
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Re: Prenup expats

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Hello,
My partner and me want to marry but last time he told me that only under one condition- that we make a prenup.
We have a child together and I plan to come back to work soon but not 100%.
He told me he wants to share with me his salary and only 10% of bonus, the rest he takes for himself. Is this normal in Switzerland ?
So your friends problem of Aug. 8th has now become your problem too? Are those guys brothers?

However, the same replies already given apply.
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Old 31.08.2020, 22:58
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Re: Marriage contract

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Because women instigate over 70% of divorces and so no sane man would enter into a deal where he can lose the fruits of his hard work because his wife no longer feels happy.....
I sued for divorce... reason being, he was having an affair and we wanted to get divorced asap. If divorce is not mutual, normally it because the person being sued for divorce has done something that is sueable for divorce for (Beating, desertion, affair in many countries etc). So, women instigating 70% of divorces would indicate that 70% of divorced men broke the marriage contract.
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Old 31.08.2020, 23:17
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Re: Marriage contract

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I sued for divorce... reason being, he was having an affair and we wanted to get divorced asap. If divorce is not mutual, normally it because the person being sued for divorce has done something that is sueable for divorce for (Beating, desertion, affair in many countries etc). So, women instigating 70% of divorces would indicate that 70% of divorced men broke the marriage contract.
Affairs don't count in Switzerland.

Tom
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Old 31.08.2020, 23:19
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Re: Prenup expats

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Hello,
My partner and me want to marry but last time he told me that only under one condition- that we make a prenup.
We have a child together and I plan to come back to work soon but not 100%.
He told me he wants to share with me his salary and only 10% of bonus, the rest he takes for himself. Is this normal in Switzerland ?
He can even keep 100%.

Tom
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Old 31.08.2020, 23:43
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Re: Marriage contract

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I sued for divorce... reason being, he was having an affair and we wanted to get divorced asap. If divorce is not mutual, normally it because the person being sued for divorce has done something that is sueable for divorce for (Beating, desertion, affair in many countries etc). So, women instigating 70% of divorces would indicate that 70% of divorced men broke the marriage contract.
I think you are being oversimplistic. What about the relationships that break down just because of "growing apart".

My first marriage is also a cpunterexsmple for a different reason. She initiated it - basically she had a bipolar episode and then ran off with a gypsy. Certainly I did nothing to initiate it. On the contrary i had looked after her and dealt with a lot of challenging behaviour for years.

Not everyone who is on the receiving end of a divorce petition "deserves it". Sometimes life can just throw shit at you. Being a 20- something divorced person wasn't exactly fun either (I'm now a happily remarried 30 something with a beautiful little baby girl so I got there in the end.)
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Old 01.09.2020, 04:25
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Re: Prenup expats

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Hello,
My partner and me want to marry but last time he told me that only under one condition- that we make a prenup.
We have a child together and I plan to come back to work soon but not 100%.
He told me he wants to share with me his salary and only 10% of bonus, the rest he takes for himself. Is this normal in Switzerland ?
Well you and your friend seem to have met two charming individuals - any chance they are related?

So is he going to do at least half the house work and child minding or is he expecting you to do it while he is off earning this bonus that he will kept for himself?

I don’t see anything normal about someone seeking to put limits on the commitment he is making to what should be the most important relationship in his life... you are either all in and will do everything possible to make it work or you’re not. In the long run it’s not much fun being in a marriage with someone who is not fully committed.
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Old 01.09.2020, 08:03
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Re: Marriage contract

It seems this is only partly an legal but mainly a relationship issue. As most prenups are. The positions of the parties see how they view the contributions to the marriage, both their own and the partner‘s. Your friend needs to think about how she wants to live her life, how much she is willing to give and take, what is fair to her and whether what her partner is willing to give is enough for her - and I do not mean the money but the emotional investment, time, effort, and the mutual respect for the other and his/her contribution.
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Old 01.09.2020, 10:41
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Re: Marriage contract

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Well you and your friend seem to have met two charming individuals - any chance they are related?

So is he going to do at least half the house work and child minding or is he expecting you to do it while he is off earning this bonus that he will kept for himself?

I don’t see anything normal about someone seeking to put limits on the commitment he is making to what should be the most important relationship in his life... you are either all in and will do everything possible to make it work or you’re not. In the long run it’s not much fun being in a marriage with someone who is not fully committed.
Agree

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It seems this is only partly an legal but mainly a relationship issue. As most prenups are. The positions of the parties see how they view the contributions to the marriage, both their own and the partner‘s. Your friend needs to think about how she wants to live her life, how much she is willing to give and take, what is fair to her and whether what her partner is willing to give is enough for her - and I do not mean the money but the emotional investment, time, effort, and the mutual respect for the other and his/her contribution.
I don't think there is anything to think about. In view of the fairness of the Swiss law in this regard (see discussion above), IMHO one should not even think about marrying someone who would put a limit on their financial commitment. It is not like she will marry him and divorce him in a year and run off whith his entire fortune.
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