Prenup & Marriage Contract Navigator
Prenup: France + Switzerland
Case complexity: medium. The contract has to work across several legal systems at once: France, Switzerland.
Which contract, and where to sign it
France: The contrat de mariage is signed before a notary pre-wedding; a mid-marriage regime change also runs through a notary with no waiting period (Art. 1397 Civil Code as amended in 2019): adult children and creditors are notified, the court steps in only on objection.
Switzerland: A notarial deed (öffentliche Beurkundung); concluded before or at any point during the marriage.
Several legal systems are involved — one document will not cover them all. The working construction: an anchor contract in the principal jurisdiction plus mirror texts where the key assets sit, backed by local counsel opinions.
Choice of applicable law
In the EU, fix the choice of law inside the contract (Regulation 2016/1103): the law of either spouse’s citizenship or habitual residence. Without a choice, the regime follows the first common residence — and migrates with you unpredictably.
France: under Rome III you can also pre-select the law applicable to the divorce itself — it belongs in the same package.
What you can fix in it
France: Regime election (séparation de biens, communauté universelle, etc.) and clause tailoring; maintenance and the prestation compensatoire are only weakly contractable.
Switzerland: Election among the statutory regimes (separation, community) and adjustment of accrual shares; the statute sets the frame — freeform constructions fail.
What gives the contract its force
Full asset disclosure annexed to the contract — the main anchor against future challenge.
Independent counsel for each side; one adviser for both is the classic line of attack.
Translations and legalisation: every version with a notarised translation and apostille for its jurisdiction of use.
What to read next
Deep dive: cross-border prenups
Divorce navigator: what happens without a contract
Property division in a cross-border divorce
What to watch out for
Several legal systems mean a package, not one text: an anchor contract + mirrors + local opinions.
FAQ
Which marriage contract should a France + Switzerland couple sign, and where?
France: The contrat de mariage is signed before a notary pre-wedding; a mid-marriage regime change also runs through a notary with no waiting period (Art. 1397 Civil Code as amended in 2019): adult children and creditors are notified, the court steps in only on objection. Switzerland: A notarial deed (öffentliche Beurkundung); concluded before or at any point during the marriage. Several legal systems are involved — one document will not cover them all. The working construction: an anchor contract in the principal jurisdiction plus mirror texts where the key assets sit, backed by local counsel opinions.
Which law should the contract choose?
In the EU, fix the choice of law inside the contract (Regulation 2016/1103): the law of either spouse’s citizenship or habitual residence. Without a choice, the regime follows the first common residence — and migrates with you unpredictably. France: under Rome III you can also pre-select the law applicable to the divorce itself — it belongs in the same package.
What can the contract fix?
France: Regime election (séparation de biens, communauté universelle, etc.) and clause tailoring; maintenance and the prestation compensatoire are only weakly contractable. Switzerland: Election among the statutory regimes (separation, community) and adjustment of accrual shares; the statute sets the frame — freeform constructions fail.
What gives the contract force?
Full asset disclosure annexed to the contract — the main anchor against future challenge. Independent counsel for each side; one adviser for both is the classic line of attack. Translations and legalisation: every version with a notarised translation and apostille for its jurisdiction of use.
Can the contract be signed after the wedding (postnup)?
France: A mid-marriage regime change is a well-oiled notarial procedure — the standard entrepreneur move. Switzerland: Available at any time during the marriage with the same force; switching regimes is standard practice for wealthy couples.
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This is a first-pass orientation, not legal advice. The rules are simplified; the contract itself is drafted by a lawyer for your couple.
If you have questions or need a consultation, our experts will be glad to help.