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Old Yesterday, 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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  #2  
Old Today, 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 "GŁtertrennung" (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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Old Today, 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 Today, 09:05
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Re: Marriage contract

Explanation here

https://www.ch.ch/en/matrimonial-regime/
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Old Today, 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 Today, 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 Today, 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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