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Divorce
The dissolution of a matrimonial property regime inevitably affects the assets amassed by spouses throughout their marriage. In such sensitive situations, our experts can assist you in navigating this challenging period with calmness, minimising the tax consequences of dividing assets. Additionally, they can offer guidance beforehand, helping you establish preventive measures should separation arise.
There are three types of matrimonial property regime in Switzerland today: participation in acquests, which is the most common, separation of property and community of property. In each of these cases, divorce of course imposes various obligations on the spouses, but perhaps most importantly, it forces them to rebuild their personal assets on a new basis. What's more, under Swiss law, BVG - pension fund - assets must in principle be divided in the event of divorce, adding a complex financial dimension to the dissolution of a marriage.
Depending on their matrimonial property regime, financial decisions, and personal circumstances, married couples may face varied scenarios concerning the division of assets. Discover the most prevalent situations.
Participation in acquests is the ordinary regime that applies when the spouses make no declaration. The spouses have separate assets made up of assets accumulated before the marriage or from a gift or inheritance. In the event of divorce or death, only the assets accumulated during the marriage are divided equally.
Under this system, all property acquired during the marriage belongs jointly to both spouses. Income, debts and assets are shared equally. In the event of divorce, the assets accumulated during the marriage are divided equally between the spouses.
Under this system, each spouse retains ownership of personal property acquired before or during the marriage. Income and debts are kept separate. In the event of divorce, each spouse keeps his or her own property, but property acquired jointly during the marriage is divided in accordance with the rules of the matrimonial property regime.
In Switzerland, some couples have foreign marriage contracts that can impact the division of assets during a divorce. The acknowledgement and enforcement of these contracts hinge on international treaties and Swiss legislation.
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