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Old 03.02.2021, 20:03
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Gütertrennung - Marriage Agreement Procedure

Hi,

We are looking to make an arrangement for separation of assets in our marriage:

https://www.ch.ch/en/matrimonial-regime/

Separate Estates (also called Gütertrennung).

I have heard that we need to get it approved by a notary.
Has anyone done this in Zurich? What's the procedure. The information is not very clear on the websites that I can find.
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Old 03.02.2021, 20:12
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Re: Gütertrennung - Marriage Agreement Procedure

Go to a notary, have him sign the document, done.

It can be done at any time before or after the marriage.

Tom
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Old 04.02.2021, 17:47
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Re: Gütertrennung - Marriage Agreement Procedure

Greetings Alphag

maybe this will help you.

https://www.notariate.zh.ch/deu/inde...Hoengg-Zuerich
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Old 17.10.2021, 14:10
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Re: Gütertrennung - Marriage Agreement Procedure

I think OP knows this, but for others who might read this thread, here's a useful article, from the UBS bank, setting out the differences between
  • joint marital property, and
  • separation of property

https://www.ubs.com/ch/en/wealth-man...ey-points.html
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Old 30.11.2022, 15:20
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Re: Gütertrennung - Marriage Agreement Procedure

While living in CH, we got married abroad, selecting the equivalent to the Gütertrennung regime option.

The marriage was then recognised also in CH but I don't remember how that happened, I guess I brought a certificate somewhere.

Does anybody know how to check that the Gütertrennung regime has been correctly transferred also to the Swiss system?

Thanks!

Edit: I see that one can order documents from https://www.stadt-zuerich.ch/bva-dokumente. Not sure which one would be the correct option though between "Nachweis einer Ehe" and "Internationale Eheurkunde". I have asked the city and will report the answer here.

Last edited by giff; 30.11.2022 at 15:39.
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Old 30.11.2022, 16:31
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Re: Gütertrennung - Marriage Agreement Procedure

We just did ours in Zürich in May. We live in Kreis 11, so ours is on Nansenstrasse 16 - have a look here to see who the Notary responsible for your area is: https://www.notariate-zh.ch/deu/notariat/

Once you have found the office whose jurisdiction you come under, send them an email and they will give further instructions.

The next thing that happened after the email was: the Notary gave my then-fiance a ring, to clarify what it is that we wanted in the agreement. At the same time, for us, because I am a non-German speaker, he asked that we engage the service of a certified translator. We did not know of any translator personally recommended to us, so they gave us the contact of one and we contacted her directly.

Once the Notary had a draft of the agreement, he sent it to us and to the translator via email for proofing. And then we agreed on a date for all parties to meet at the Notariat. During the meeting, the translator explained everything in detail to me and helped translate questions/answers before signing by all parties.

The final document is both in English and German, nicely signed and stamped.

Cost was CHF397.70, incl MSWT etc

Hope that helps

Last edited by Abcd; 30.11.2022 at 16:46. Reason: added price
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Old 30.11.2022, 19:50
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Re: Gütertrennung - Marriage Agreement Procedure

About 11 years ago 😁 the agreement is straightforward, drafted by a notary.. my German was not good enough so the English version was necessary 🙂 I cannot remember how much it cost, but I do remember that it was done within days... I was the one paying the rent at the time 🤓😁
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Old 30.11.2022, 20:54
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Re: Gütertrennung - Marriage Agreement Procedure

In case of a "messy" divorce, involving kids, enmity et al. - isn't it the case that those Gütertrennung contracts mean very little - if the court decides so?
Just curious, as I've heard people talking.
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Old 30.11.2022, 21:38
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Re: Gütertrennung - Marriage Agreement Procedure

Quote:
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that those Gütertrennung contracts mean very little - if the court decides so?
What do you mean with "very little" and what should the court "decide"?

The marriage property regimes and their meaning are explained in the Swiss Civil Code, this is also were you find the all about divorce and marriage (and many things more). https://www.fedlex.admin.ch/eli/cc/2...1/tit_6/chap_1
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