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Glossary

Marriage Contract

With a marriage contract, spouses can deviate from the ordinary regime of participation in acquired property and choose a different one. The options are separation of property, under which each spouse remains the sole owner of their assets and no marital-property division takes place (Art. 247 et seq. CC), and community of property, under which a common estate is formed alongside each spouse's individual property (Art. 221 et seq. CC). A marriage contract requires public notarisation. It allows the couple to align their property arrangements with their personal situation.

At a glance

01

A marriage contract allows a change from the ordinary regime to separation or community of property.

02

Under separation of property, each spouse remains the sole owner of their assets without marital-property division (Art. 247 et seq. CC).

03

Under community of property, a common estate is formed alongside each spouse's individual property (Art. 221 et seq. CC); the contract requires public notarisation.

Frequently asked questions

Besides the ordinary regime of participation in acquired property, separation of property and community of property are available. Under separation of property each estate stays separate; under community of property a common estate is formed.
Yes, a marriage contract requires public notarisation. The involvement of a notary is therefore necessary, which ensures the binding nature and clarity of the agreement.

Sources: Systematische Rechtssammlung (fedlex), ZGB SR 210 · Gerichte des Kantons Zürich, Güterrecht