A prenuptial agreement is a notarized financial contract signed by two people who plan on getting legally married.
This agreement specifies which property and liabilities become joint estate – meaning they belong to the couple collectively – and which remain the separate estate of each individual.
In Switzerland, a marital agreement – which can be drafted before or during a marriage – can be used as a prenuptial agreement.
Prenuptial agreements (marital agreements in Switzerland) are useful tools for managing private estates. They can be used to specify whether certain assets will be the sole property of just one spouse, and whether certain assets will be joint property.
While prenuptial agreements are primarily used to avoid conflicts in the case of divorce, their can also be used for tax optimization and asset protection. For example, by designating certain assets to their spouse, a borrower may be able to protect those assets from seizure by creditors. A person taking on debt can use a marital agreement to exempt their spouse from liability for their debt.