The Spousal Consent Form is a crucial legal document in Swiss jurisdiction, designed to protect the interests of both spouses in significant transactions. It is primarily required under Article 169 of the Swiss Civil Code (ZGB/CC), which mandates spousal consent for certain actions, particularly those involving the family home or substantial financial commitments. The document is commonly used in real estate transactions, loan applications, or significant financial investments where one spouse's explicit consent is legally required. The form must include clear identification of both spouses, specific details of the transaction or action being consented to, and appropriate notarization where required by law. This document serves both as protection for the consenting spouse and as assurance for third parties involved in the transaction that proper authorization has been obtained.
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1. Identification of Parties: Full legal names, addresses, and identification details of both spouses, including any relevant marriage certificate details
2. Subject Matter: Clear identification of the transaction, property, or action for which consent is being given
3. Declaration of Consent: Express statement of voluntary consent, specifically referencing the relevant provisions of Swiss law (particularly Art. 169 ZGB if relating to family home)
4. Acknowledgment of Understanding: Confirmation that the consenting spouse understands the nature and consequences of the consent being given
5. Duration and Scope: Clear specification of whether the consent is for a single transaction or ongoing, and any limitations on the scope
6. Execution Requirements: Signature blocks, date fields, and any notarization requirements
1. Power of Attorney: Optional section granting specific powers to the other spouse, used when the consent includes authorization to act on behalf of the consenting spouse
2. Revocation Rights: Details about if and how the consent can be revoked, included when the consent is for ongoing or future transactions
3. Financial Disclosure: Summary of relevant financial information, included when the consent relates to significant financial transactions
4. Language Declaration: Statement confirming that the consenting spouse understands the language of the document, included when one or both parties are not native German/French/Italian speakers
1. Property Description: Detailed description of any property involved in the consent (e.g., real estate details, registration numbers)
2. Transaction Documents: Copies or summaries of the main transaction documents for which consent is being given
3. Identity Documents: Copies of identification documents and marriage certificate
4. Prior Agreements: Copies of any relevant pre-existing agreements between the spouses that may affect the consent
Relevant legal definitions
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Real Estate
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Insurance
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Mortgage Lending
Private Banking
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Relevant Teams
Legal
Compliance
Real Estate Operations
Mortgage Services
Private Banking
Wealth Management
Transaction Processing
Document Management
Client Relations
Risk Management
Relevant Roles
Notary Public
Legal Counsel
Bank Manager
Mortgage Advisor
Real Estate Agent
Wealth Manager
Private Banker
Property Lawyer
Legal Administrator
Compliance Officer
Real Estate Transaction Manager
Financial Advisor
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