Division of Assets in Switzerland

Divorce: Division of Assets in Switzerland

Updated on Friday 08th January 2016

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Division-of-assets-in-SwitzerlandThe matrimonial property regime in Switzerland

The Swiss Family Law is very specific about the division of assets in case of divorce, which is why it has enabled the matrimonial property regime. However, couples can also sign prenuptial agreements which have a significant impact on the separation of assets in case of separation. The matrimonial property regime establishes that during the marriage, any types of assets will remain separate. The spouses can keep any property acquired before marriage separate from the estate they acquire together. Also, any savings made during the marriage can be administered independently. The regime does not apply if:

  • -          it is dissolved;
  • -          one of the spouses dies;
  • -          marriage annulment;
  • -          another matrimonial regime applies.

Our lawyers in Switzerland can provide you with more information about the marital property regime.

Division of joint assets in case of divorce in Switzerland

Considering the Swiss Civil Law makes the difference between factual and legal separation, spouses must keep in mind that only in case of legal dissolution the division of assets will be done in accordance with the law. In case of divorces acknowledged by a court of justice, the Swiss matrimonial property regime establishes that only assets acquired jointly must be divided in equal parts between the spouses. This way, each spouse will be held accountable to pay the own taxes or other debts with respect to their own assets. Exceptions will be made in the case of maintenance in which one of the spouses wants to financially support the other one.

The role of marital agreements in case of division of assets in Switzerland

In order to simplify the division of assets procedures, the spouse can conclude a martial agreement. These agreements must be certified by a Swiss notary. The marriage contract allows for the assets to be divided into:

  • -          the wife’s assets;
  • -          the husband’s asset;,
  • -          the joint assets.

The joint assets will be the only ones divided in case of divorce and will include from real estate property to amounts of money from any source of income. It must also be taken into account that a marital agreement is not the same thing as a prenuptial agreement.

If you need assistance in litigation cases related to the division of assets, you can contact our law firm in Switzerland.