Marriage settlement Divorce without a marriage contract: who gets what?

More than 40 percent of marriages in Switzerland end in divorce, so couples wanting to get married should also ask themselves: who gets what in the event of a divorce without a marriage contract? The assets you brought into the marriage and inherited during the marriage (“own property”) remain yours. However, assets that you generated together during your marriage will be shared equally in case of divorce, even if you have contributed different amounts to them. This principle is called the “community of acquired property” and is valid as the statutory matrimonial property regime whenever no other agreement has been made.

In the event of divorce 

You can set a different course in a marriage contract. You can agree to have either community property or separation of property. Under community property, almost all assets, with few exceptions, including those brought into the marriage, are pooled. But individual assets, such as real estate, can be excluded from the community property agreement. 

If you make a separation of property agreement, you and your partner’s assets remain separate both before and during marriage. This makes it easier to divide the assets if the marriage breaks up.

In the event of death 

In the event of death, however, you may wish to improve the inheritance position of your partner. This can be done by means of a marriage contract and/or will/contract of inheritance. This ensures that the surviving person receives the maximum possible assets from the marriage. If circumstances permit, it can be prevented, for example, that a property built during the marriage must be sold in order to pay out the inheritance of other heirs.

However, the statutory portions of the heirs remain protected. An exception is if they agree to a different distribution. If there is no marriage contract or will, the deceased marriage partner’s share, as under community of acquired property, will be divided between the heirs according to the order of statutory succession.

What happens to your pension funds if you divorce? The half-share principle applies here, irrespective of any marriage contracts you have chosen. So, the pension fund assets that you have saved during your marriage will be shared. If each of you has your own retirement fund, you both have mutual entitlements. Only the difference is then shared. Retirement plan assets acquired before marriage, including interest, remain untouched. Single premium policies financed from personal assets are also exempt from division. 

Whether or not you make a marriage contract is a personal decision. A marriage contract can be concluded either before or during the marriage, but it must be signed by both future partners and certified by a notary. So, first you can enjoy the more romantic part of making your wedding plans.