Prenuptial agreements, often seen as unromantic, can simplify matters in the event of a separation. While they can address topics like married names, maintenance payments, asset management and retirement planning, they must be approved by a court in Switzerland to ensure their appropriateness. In this country, not everything can be regulated through such agreements.
Divorce lawyer Franziska Mulle explains that anticipated divorce conventions, or advance conventions, have become common in Switzerland. These agreements anticipate a divorce event at the time of signing the contract. On the other hand, marriage contracts focus on property law and aim to protect spouses in the event of early death or divorce.
Couples in Switzerland can opt for different property regimes such as separation of property or community of property through a marriage contract. These agreements can be adjusted throughout the marriage and require notarization for validity. The cost of a prenuptial agreement varies based on its scope and location with fees set by individual cantons.
While a marriage contract may not be necessary for every couple, it can provide security in certain situations particularly for couples with existing assets or unique circumstances. The decision to enter into a prenuptial agreement should be carefully considered to ensure both partners are protected.
Ultimately, the choice to sign a prenuptial agreement depends on individual circumstances and preferences. As societal attitudes toward divorce evolve, there is growing openness among younger generation to discuss and consider prenuptial agreements as a precautionary measure.
In summary, while prenuptial agreements may not seem romantic, they can offer protection and simplify matters in the event of separation or divorce in Switzerland. Couples should weigh their options carefully before making any decisions regarding these types of contracts.
