The cost of a marriage contract in Switzerland depends on various factors, and there is no universally applicable statement for the entire country. When considering the costs, it’s crucial to take into account the financial situation of both spouses, as well as the complexity and scope of the contract. Additionally, each canton sets its own fees and taxes, so the couple’s place of residence also impacts the cost of the marriage contract. Furthermore, additional costs may arise depending on whether you seek legal advice from a family law attorney during contract drafting and whether an inventory of assets is prepared as a public document.

Notary Fees According to Cantonal Councils

To determine the costs of drafting your marriage contract, you should first consider your canton of residence. A notary public can be used for both drafting and authenticating the marriage contract. The costs for the notarial authentication of a marriage contract are determined by a fee schedule set by the cantonal council, which applies uniformly throughout the canton. However, it is also possible to have the contract drafted by a family law attorney and then authenticated by a notary.

Variable Costs Between CHF 500 and 7500

Typically, the costs for drafting a marriage contract are billed according to an hourly rate as per the valid notary fee regulations. Moreover, these costs must amount to at least 1% of the net assets existing at the time of contract conclusion.

To accurately determine the costs of drafting a marriage contract, the financial and asset situations of both spouses at the time of drafting must be considered. The scope of the contract also influences the final costs, as do the cantonal fees which are uniformly applied. Generally, the price for a marriage contract in Switzerland ranges between 50 and 7500 Swiss Francs.

Examples of Costs in Various Swiss Cantons

The costs for a marriage contract can start at CHF 50 in the canton of Schwyz and CHF 500 in the canton of Bern. The maximum amount charged varies by canton, ranging from CHF 500 to 7500.

• Schwyz: CHF 50 to 800
• Appenzell Ausserrhoden: CHF 50 to 500
• Neuchâtel: CHF 100 to 2000
• St. Gallen: CHF 200 to 1000
• Appenzell Innerrhoden: CHF 200 to 1200
• Solothurn: CHF 200 to 1500
• Geneva, Vaud: CHF 200 to 2000
• Zurich: CHF 200 to 7500
• Obwalden: CHF 250 to 1500
• Uri: CHF 350 to 2000
• Nidwalden: CHF 300 to 3000
• Basel: CHF 400 to 2000
• Bern, Lucerne: CHF 500 to 3000

Additional Costs for Asset Inventory

In addition to the costs for the marriage contract, there are also costs for preparing an asset inventory, which must be notarially certified. The preparation of an asset inventory is essential in the case of separation of property. This official document definitively establishes which assets belonged to each spouse before their marriage and thus determines the ownership of these assets in case of divorce or death.

Generally, the costs for an asset inventory are also calculated based on the time spent, i.e., at an hourly rate, and can range between 150 and just under 1500 Swiss Francs.

Formally recording marriage through a marital contract certainly comes at a cost. However, not entering into such an agreement can lead to significantly higher expenses in the event of separation or the death of a spouse. Under Swiss law (Art. 181 CC), in the absence of a marital contract, the default matrimonial property regime is known as the regime of “marital property participation,” also referred to as the ordinary property regime. This regime is a mixed form that incorporates both separate property and a conditional community of property for acquisitions.

Under this property regime, in the event of divorce or death, both spouses retain their own assets. This applies to all assets owned individually before the marriage (separate property under Art. 198 CC), including personal assets and assets acquired through inheritance, for example. However, assets acquired during the marriage belong equally to both spouses (acquisitions under Article 197 CC). Upon separation, these assets are divided equally under a proposal for division. The same applies to assets owned by one spouse where ownership cannot be clearly determined.

A marital contract allows you to modify this statutory regime and tailor it to your individual financial situation. This can be particularly beneficial if one spouse owns a business and wishes to protect it from potential conflicts. Generally, a marital contract helps prevent legal disputes, each of which typically involves high attorney fees and procedural costs.

A marital contract plays a crucial role in securing your assets. Therefore, it is important to seek expert advice. While you can engage a notary solely for the certification of the marital contract, it is strongly recommended to also seek the expertise of a family law attorney.

Family law attorney consultations typically proceed in several steps. Initially, a thorough analysis of your legal and financial situation is conducted. Based on this analysis, the attorney can then draft a marital contract tailored to your specific needs. This includes recommending the most suitable marital property regime: a modified property participation regime, community of property, or separation of property. Family law attorney consultation also ensures that the marital contract meets all formal requirements without risking its validity.

For couples with significantly differing financial and property circumstances, family law attorney consultation proves particularly beneficial. A notary advises the couple as a unified entity and equally. Conversely, an attorney can advise either spouse individually, recommending the most advantageous solution based on their financial situation.