The Mutual Divorce Agreement is a crucial document in Swiss divorce proceedings where both parties agree to dissolve their marriage amicably. This agreement is used when spouses have reached consensus on all aspects of their divorce settlement, including division of assets, financial arrangements, and if applicable, child-related matters. The document must comply with Articles 111-118 of the Swiss Civil Code and related legislation. It serves as the foundation for the divorce proceedings in Swiss courts and requires careful consideration of various legal, financial, and personal aspects. The agreement is particularly important as it streamlines the divorce process in Switzerland, reducing both the emotional and financial burden on the parties involved. It should be drafted with professional legal assistance to ensure all mandatory provisions under Swiss law are properly addressed and the interests of both parties are adequately protected.
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1. Parties: Identification of both spouses including full legal names, addresses, and citizenship status
2. Background: Details of marriage date, location, separation date if applicable, and confirmation of mutual consent to divorce
3. Definitions: Key terms used throughout the agreement
4. Dissolution of Marriage: Formal declaration of intention to divorce and agreement to file joint petition
5. Division of Matrimonial Property: Detailed arrangement for division of joint assets and liabilities
6. Financial Settlement: Terms of any financial payments or settlements between parties
7. Pension Division: Agreement on division of occupational pension benefits as per Swiss law
8. Matrimonial Home: Arrangements regarding the family home, including transfer of ownership or termination of lease
9. Tax Matters: Agreement on handling of tax liabilities and future tax arrangements
10. Legal Costs: Agreement on how legal and court costs will be shared
11. Final Provisions: Including governing law, jurisdiction, and effectiveness of the agreement
1. Child Custody and Care: Required if the couple has minor children - details custody arrangements, visitation rights, and parental responsibility
2. Child Maintenance: Required for couples with children - specifies child support payments and additional expenses
3. Spousal Maintenance: Optional section for cases where ongoing spousal support is agreed
4. Business Interests: Required if either party owns business assets that need to be divided
5. International Assets: Required if the couple owns property or assets in other countries
6. Insurance Policies: Optional section detailing arrangements for life, health, or other insurance policies
7. Future Dispute Resolution: Optional section specifying mediation or arbitration procedures for future disputes
1. Schedule A - Asset and Liability Statement: Comprehensive list of all matrimonial assets and liabilities with agreed values
2. Schedule B - Property Details: Detailed information about real estate properties and their disposition
3. Schedule C - Pension Information: Details of pension accounts and agreed division
4. Schedule D - Child Care Schedule: Detailed visitation and care schedule if children are involved
5. Schedule E - Financial Disclosure: Current financial statements of both parties
6. Appendix 1 - Property Valuations: Professional valuations of significant assets
7. Appendix 2 - Pension Fund Statements: Current statements from respective pension funds
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