How to Make a Marriage Contract (ehevertrag) in Switzerland: Requirements, Notarisation and What You Can Agree

A marriage contract Switzerland couples enter into, known in German as an Ehevertrag, is a notarised agreement that lets spouses depart from the default statutory rules governing how their assets are owned, managed and divided. Whether you are engaged, already married, an international couple settling in Zurich or an entrepreneur protecting a business, the right agreement can determine what happens to your wealth on divorce, death or insolvency. The topic has gained fresh urgency in recent years, as national discussions around individual taxation and reform of the so-called “marriage penalty” prompt many couples to reassess which matrimonial property regime best protects both their assets and their tax position.

This guide explains the legal framework under the Swiss Civil Code (Zivilgesetzbuch, or ZGB), compares the three main property regimes, sets out the exact formalities and notarisation steps, and shows what you can and cannot agree. Because the stakes are high and the formalities strict, professional legal advice is strongly recommended before signing.

Intro, what this guide covers and who it’s for

An Ehevertrag is the Swiss equivalent of a prenuptial or postnuptial agreement. A prenuptial agreement Switzerland couples sign before the wedding, while a postnuptial agreement is concluded during the marriage. In both cases the legal instrument is the same: a notarised marriage contract that modifies the statutory property regime. The agreement does not dissolve or weaken the marriage, it simply clarifies, in advance, how property will be treated.

The people who most often need a marriage contract Switzerland law recognises include engaged couples with unequal assets, expatriates whose wealth spans several jurisdictions, business owners who want to shield a company from division on divorce, and spouses planning their estates alongside heirs. For each of these groups, the default rules may produce unintended results, and a well-drafted contract offers certainty.

The ongoing policy debate around marriage taxation adds a further reason to act. As reform proposals move through the political process, couples, particularly cross-border couples and company shareholders, are revisiting whether their current regime still serves them. This guide is practical and procedural, but it is not a substitute for tailored advice. Where tax consequences are mentioned, treat them as indicative and consult specialist tax counsel.

1. Legal framework: Swiss law on matrimonial property regimes

The rules governing a marriage contract Switzerland couples rely on are found in the Swiss Civil Code. The Code sets out the default regime, the alternative regimes couples may choose, and the strict form requirements that make any agreement valid. Understanding where these rules come from is essential before drafting.

1.1 Where the rules come from (ZGB)

Matrimonial property law is codified in the Swiss Civil Code (Zivilgesetzbuch). The Code establishes participation in acquisitions as the ordinary regime that applies automatically unless the spouses agree otherwise, and it defines the two alternative contractual regimes of separation of property and community of property. The same body of law prescribes that any contractual choice or modification of regime must be concluded by public deed, that is, before and certified by a notary, to take effect. The consolidated statutory text is published by the Swiss authorities and remains the primary authority for every point in this guide.

1.2 Interaction with international couples

Switzerland is home to a large international population, and cross-border couples face an additional layer of complexity. Where spouses hold different nationalities, were married abroad, or own assets in several countries, Swiss private international law (set out in the Federal Act on Private International Law, PILA) determines which legal system governs their matrimonial property. In many cases couples resident in Switzerland can elect a governing law for their property relations within the limits the law allows, and a properly drafted marriage contract Switzerland couples sign can expressly record that choice of law. This is one of the most valuable functions of an Ehevertrag for expatriates, because it reduces the risk of conflicting foreign rules applying to the same assets.

The Federal Office of Justice provides official information on how Swiss family law interacts with international situations, and cross-border couples should obtain advice on recognition in every relevant jurisdiction.

1.3 What you cannot contract away

Freedom of contract is wide but not unlimited. A marriage contract cannot override mandatory protections that Swiss law reserves for the public interest and for vulnerable parties. In particular:

• Children’s maintenance. Parental maintenance obligations toward children cannot be waived or reduced by agreement between the spouses.
• Public policy (ordre public). Clauses that offend fundamental principles of Swiss law are void, regardless of notarisation.
• Protective minimums. Certain statutory protections cannot be excluded entirely, and attempts to do so may render individual clauses, or the whole instrument, unenforceable.

These limits mean that even a notarised contract is only as strong as its compliance with the Civil Code. Drafting around the boundaries requires care, which is why practitioner input matters.

2. Who should consider an Ehevertrag and when

Not every couple needs a marriage contract. For many, the default regime produces a fair outcome. But where assets are unequal, complex or exposed to risk, an Ehevertrag delivers certainty and protection that the statutory rules cannot. The timing of the agreement, before or after marriage, depends on circumstances, and the contract should be revisited whenever life changes materially.

2.1 For entrepreneurs and shareholders

Business owners have the strongest commercial reasons to consider a marriage contract Switzerland law allows. Under the default regime, the growth in value of a business acquired or built up during the marriage may be subject to sharing on divorce, which can force a sale, dilute shareholdings or trigger disputes with co-shareholders. A contract can help ring-fence company shares, intellectual property and professional assets, keeping them outside the pool of shared acquisitions. Entrepreneurs should also coordinate the Ehevertrag with any shareholder agreement so that marital and corporate documents do not conflict.

2.2 For cross-border couples

Expatriate and bi-national couples benefit from certainty on governing law. Without an agreement, a divorce or death may invite competing claims under foreign matrimonial regimes. A marriage contract can, within the limits of Swiss private international law, fix the governing system and document how foreign-held assets are to be treated, reducing litigation risk. Couples who later relocate should review the contract to confirm it remains effective in their new country of residence.

2.3 For high net worth couples

Where one or both spouses bring substantial pre-marital wealth, inheritances or family assets, a contract clarifies what remains separate and what is shared. This is particularly relevant for inheritance planning: the marriage contract interfaces with wills and succession rules, and well-structured provisions can prevent assets intended for children from a previous relationship being inadvertently exposed. A marriage contract Switzerland couples with significant assets conclude should always be drafted alongside their estate planning.

When choosing counsel, avoid relying on generic “top firm” marketing lists. Instead, verify that your lawyer is admitted to a cantonal bar and holds genuine expertise in matrimonial property and, where relevant, corporate law. The Swiss Bar Association represents admitted lawyers and promotes professional standards. You can locate a suitable specialist through the Global Law Experts directory and discuss your situation before committing to any drafting.

3. Swiss matrimonial property regimes, comparison and practical effects

Swiss matrimonial property regimes fall into three categories. Choosing between them is the central decision in any marriage contract Switzerland couples draft, because each regime distributes assets, debts and value differently on divorce or death. The table below summarises the key distinctions, followed by a closer look at the mechanics of each.

3.1 Participation in acquisitions, mechanics

Under the default regime, each spouse retains their own property but keeps a notional distinction between personal assets (owned before marriage or received by gift or inheritance) and acquisitions (earned or accumulated during the marriage). On divorce or death, each spouse is in principle entitled to share in the other’s net acquisitions. Personal assets are not shared, but income derived from them during the marriage generally counts as an acquisition. This regime balances independence during the marriage with a measure of fairness on dissolution, which is why it suits the majority of couples who never sign a contract at all.

3.2 Separation of property, when used

Separation of property Switzerland couples choose when they want each spouse’s assets to remain completely distinct, with no sharing of acquisitions on dissolution. Each spouse owns, manages and is liable for their own property. This regime is popular with entrepreneurs, with spouses entering a second marriage, and with couples who bring markedly unequal wealth. It offers the cleanest form of asset separation, but it also removes the balancing mechanism of participation, so it should be chosen deliberately and with an understanding of what each spouse forgoes.

3.3 Community of property, rare features

Community of property pools most of the spouses’ assets into a jointly owned common fund, with only limited categories remaining personal. Both spouses then co-own and generally co-manage the common property. This regime is now rarely selected because it offers less flexibility and can complicate business ownership and succession. It survives mainly in specific family arrangements where maximum pooling is genuinely desired.

3.4 Practical examples

• The founder. An entrepreneur elects separation of property so that the shares in her company, and their future growth, remain hers alone and are not shared on divorce.
• The blended family. A couple in a second marriage uses an Ehevertrag to confirm separation, protecting inheritances intended for children from earlier relationships.
• The balanced couple. A dual-income couple keeps the default regime but agrees, within the limits the law allows, an unequal attribution of surplus to reflect a large pre-marital contribution by one spouse.

4. What you can and cannot agree in an Ehevertrag

The contract gives couples considerable freedom to shape their property relations, but always within the mandatory limits of the Civil Code. The clauses below illustrate common provisions. All sample wording is illustration only, not legal advice; obtain tailored drafting before signing.

4.1 Clauses protecting a business

Business protection is one of the strongest reasons to protect business assets marriage Switzerland law otherwise exposes. Typical provisions seek to allocate company assets, confirm separate management, and address how any increase in value is treated between the spouses, within the scope the chosen regime permits. A sample attribution clause in English might read: “The shares in Company X held by Spouse A, together with any increase in their value during the marriage, shall be attributed to Spouse A and, so far as the law permits, shall not form part of any surplus to be shared. ” A German snippet: “Die Geschäftsanteile an der Gesellschaft X werden samt deren Wertsteigerung, soweit gesetzlich zulässig, der Ehefrau/dem Ehemann zugewiesen.

” Such clauses must be consistent with the chosen regime and with any shareholder agreement.

4.2 Maintenance and spousal support clauses, limits

Couples sometimes wish to address spousal maintenance in their contract. Here the law is more cautious. While spouses may record intentions about support, they cannot waive protections that offend public policy, and any provision affecting children’s maintenance is unenforceable. Courts will scrutinise broad maintenance waivers, particularly where they would leave one spouse without adequate provision. Treat such clauses as indications of intent rather than guaranteed outcomes, and draft them with professional input.

4.3 Inheritance and wills interaction

A marriage contract is not a will and does not replace one. However, the two instruments can work together. Within the limits set by law, the contract can allocate a larger share of the marital surplus to a surviving spouse, which influences what remains to be distributed under succession law. To achieve a coherent estate plan, the Ehevertrag and the will should be drafted in tandem, respecting the forced-heirship (compulsory-portion) rules that limit how much can be diverted from statutory heirs.

5. Formalities and notarisation, step-by-step process

The formalities are where many do-it-yourself attempts fail. A marriage contract Switzerland law recognises is only valid if it meets the statutory form requirement: it must be executed as a public deed before a notary. Skipping this step renders the agreement void, however carefully it is drafted. The following checklist walks through the process.

5.1 Step-by-step timeline

1. Take advice. Consult a family law specialist to identify the right regime and clauses for your circumstances.
2. Negotiate terms. Both spouses should understand and agree every provision, ideally with independent advice where interests diverge.
3. Draft the deed. The lawyer prepares the contract, including the choice of regime, any attribution clauses and, for international couples, a choice-of-law statement where appropriate.
4. Attend the notary. Both spouses appear before a notary, who certifies the deed.
5. Sign and certify. The notary authenticates the signatures and issues the public deed.
6. Store the deed safely. Keep certified copies in a secure place, and complete any applicable formalities where relevant.

5.2 Notary role and certification

The notary is central to the validity of a marriage contract Switzerland couples conclude. The notary verifies the identities of the parties, confirms that each understands the agreement, and certifies the document as a public instrument. This public authentication is what gives the Ehevertrag legal force. The notary does not usually act as the parties’ personal legal adviser, which is why engaging your own lawyer in addition to the notary is prudent, especially where the spouses’ interests differ.

5.3 Costs and timeframes by canton

Notary practice and fees are organised at cantonal level and vary considerably across Switzerland. Some cantons use a state-employed notary system; others operate an independent notary model with published tariffs. As a result, the cost of notarising a prenup differs between, for example, Zurich, Geneva, Basel and Bern. Fees are typically calculated by reference to the value of the assets involved or the complexity of the deed, with lawyer drafting charged separately. Any figures should be treated as illustrative only, confirm the exact tariff with the relevant cantonal notary before proceeding. The notary costs prenup Switzerland couples face are a necessary investment in validity, and a contract that fails on form is far more expensive in the long run.

5.4 Required documents and ID

• Identification. Valid passports or identity cards for both spouses.
• Civil status evidence. Proof of marriage, or details of the intended marriage for a prenuptial agreement.
• Asset information. Schedules of relevant assets where attribution or separation clauses are used.
• Translations. Translations or interpretation where a spouse does not understand the language of the deed.
• Legalisation for use abroad. An apostille or consular legalisation where the contract must be relied upon in another country.

6. Postnuptial agreements: changing your matrimonial property regime

Marriage does not close the door on an Ehevertrag. A postnuptial agreement Switzerland couples sign after the wedding can introduce a regime for the first time or change an existing one. The route to change a matrimonial property regime Switzerland law provides is straightforward in principle but subject to the same strict formalities.

6.1 When postnups are advisable

Circumstances change. A spouse may launch or acquire a business, receive a significant inheritance, or the couple may relocate from abroad and wish to elect Swiss law where permitted. Each of these events is a natural trigger to consider a postnuptial agreement. Couples who married under the default regime without much thought often find, years later, that a tailored contract better reflects their situation.

6.2 Procedure to change regime

Changing the regime after marriage follows the same formal path as a prenuptial agreement: the spouses agree the new regime, a deed is drafted, and it is executed before a notary as a public instrument. Without notarisation the change has no effect. Couples should obtain advice on how the change applies to assets accumulated to date, as the treatment of existing property is a critical part of the drafting.

6.3 Risks and challenges

Postnuptial changes carry particular risks. They can affect creditors, who may scrutinise a shift to separation of property as an attempt to shield assets, and they can have tax consequences that should be modelled in advance with specialist counsel. Timing and the treatment of existing assets must be handled carefully so that the amendment is robust against later challenge.

7. Enforceability, disputes and common pitfalls

A notarised contract is generally durable, but it is not immune from challenge. Swiss courts, including ultimately the Federal Supreme Court, will enforce a validly concluded Ehevertrag while scrutinising agreements for the vices that undermine consent or form. Understanding the grounds of challenge helps you draft defensively.

7.1 Grounds to contest an Ehevertrag

• Defective form. Absence of proper notarisation renders the contract void.
• Lack of consent. Duress, undue influence or fundamental error can invalidate an agreement.
• Non-disclosure. Concealment of material assets can undermine the fairness and validity of clauses.
• Breach of mandatory limits. Provisions offending public policy or children’s protections are unenforceable.

7.2 Enforcement across cantons and internationally

A validly notarised contract is effective throughout Switzerland. International enforcement is more complex: recognition abroad depends on the private international law of the foreign forum and on whether the parties made an effective choice of law. Couples with cross-border assets should seek confirmation that their contract will be recognised where it matters.

7.3 How to avoid invalidation, disclosure checklist

• Make full and honest disclosure of assets and debts before signing.
• Ensure both spouses have time to consider the terms without pressure.
• Obtain independent advice where interests diverge.
• Comply precisely with the notarisation formalities.
• Keep records of disclosure and of the advice each spouse received.

8. Practical drafting checklist for entrepreneurs and business owners

For company owners, the marriage contract Switzerland law permits is a core piece of asset protection. The objective is to keep business value, shares, intellectual property and related entitlements as insulated from sharing as the law allows, while remaining consistent with corporate obligations.

8.1 Model business-protection clauses

• Allocation of company assets. Attribute shares and, so far as permitted, their value growth to the owner-spouse.
• Separate management. Confirm that the owner-spouse manages the business.
• Valuation mechanisms. Provide for valuing and dealing with shares on divorce to avoid forced sales.

8.2 Interaction with corporate law and shareholder agreements

Marital documents must not conflict with the company’s articles or any shareholder agreement. Where co-shareholders require that shares remain within a defined group, the Ehevertrag should reinforce, not contradict, those restrictions. Aligning the two sets of documents prevents disputes between spouses and co-owners.

8.3 Lender and investor considerations

Lenders and investors often ask whether a founder’s personal arrangements could jeopardise control of the business. A clear marriage contract that addresses business assets can reassure them that a future divorce is less likely to destabilise the company. For couples seeking to protect business assets marriage Switzerland rules might otherwise expose, this is a tangible commercial benefit.

9. Case studies and precedents

The following anonymised scenarios illustrate how outcomes turn on drafting and conduct. Swiss jurisprudence on these questions is developed through the Federal Supreme Court, whose decisions are publicly available.

• The undisclosed assets. A spouse concealed significant holdings before signing. When the contract was later challenged, the concealment undermined the fairness of the bargain and exposed the agreement to attack, a reminder that disclosure protects both parties.
• The protected business. A founder who elected separation of property and allocated her shares to herself retained ownership of a growing company on divorce, avoiding a forced sale.
• The defective deed. A couple drafted a detailed agreement but never completed notarisation. Because it failed the form requirement, it had no effect, and the default regime applied in full.

Conclusion, next steps and consulting a Swiss family law specialist

A marriage contract Switzerland couples put in place is one of the most effective tools for securing wealth, protecting a business and achieving certainty on divorce or death. The choice between participation in acquisitions, separation of property and community of property shapes everything that follows, and the strict notarisation requirement means professional execution is non-negotiable.

Given the ongoing discussions on marriage taxation, now is a prudent time to review whether your current arrangement still serves your interests, particularly if you own a business or have cross-border assets. Early drafting, full disclosure and proper notarisation are the three pillars of an enforceable agreement.

If you are ready to create or revise a marriage contract Switzerland law will recognise, consult a qualified Swiss family lawyer and a notary before you commit. Speak to a Swiss family lawyer through the Find a family lawyer in Switzerland directory, explore the Swiss family law practice area, and review the specialist resources available through Global Law Experts.

Sources

1. Swiss Civil Code (Zivilgesetzbuch), consolidated text on Fedlex
2. Federal Supreme Court (Bundesgericht), official website
3. Swiss Confederation information portal (ch.ch)
4. Federal Office of Justice (Bundesamt für Justiz)
5. Swiss Bar Association (SAV/FSA)
6. Fedlex, official publication platform of federal law