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Postnuptial Agreement Switzerland

By December 15, 2020 No Comments

Marriage contracts are part of a broader concept of succession planning. A marriage agreement is an agreement between the spouses that provides for the organization of the property within the marriage or the distribution between the spouses in the event of a divorce. If you do not sign a marriage contract, you and your spouse will be married (in most countries) in a community of ownership, which means that you and your spouse have everything in common. Article 182, paragraph 2, of the BGB. You can choose between legal protection regimes. Whatever regime they choose, it can only be amended in a specifically authorized manner and to an expressly authorized extent. Spouses cannot create their own plan. However, you can settle certain property rights issues in writing with a simple written contract, but such an agreement is not considered a marriage contract. However, the fact of their existence can have a convincing force. For example, if one party agrees not to share the other party`s assets at the time of divorce in a marriage agreement, the English judge may stick to that principle, while varying the agreement to ensure that the reasonable financial needs of the financially low-income party are met.

This could be by providing capital paid into the trust, to return to the payer at some point in the future. This will achieve both objectives, namely to meet the needs of the financially weak party for a period of time, but also to ensure that the principles of an agreement that should have protected the family patrimony from claims to divorce are finally respected. Spouses may revoke or change their matrimonial property regime at any time if they freely decide to do so, provided they meet the formal requirements already mentioned. Since it is a confederation, the agreement of both spouses is obviously necessary for any modification. A marriage agreement can be a useful tool for wealthy individuals and families who seek to preserve prosperity for future generations. If one or both parties to a marriage, in addition to England and Wales, have a connection to another country, there are international considerations and implications that must be taken into account when considering a marriage agreement. This may be due to where they live, where they have their residence, nationality or heritage headquarters. The Tribunal may refer agreements obtained by fraud or the unacceptable conduct of one of the parties. It may also lag behind agreements made for the purpose of fraud by creditors or which, according to common law, are invalid or unenforceable. With regard to the content of the agreement, it may not delay agreements that have become unenforceable or for which circumstances have changed significantly since the signing of the agreements if this amendment relates to the care, well-being and development of a child of marriage, and the amendment will put the child in difficulty if the agreement is not revoked.