Swiss Civil Code

¹ Spouses sub­ject to a uni­on of prop­erty re­gime who have changed this mar­it­al prop­erty re­gime by mar­it­al agree­ment may by one year at the latest after the new law comes in­to force elect to make their leg­al rights sub­ject to the new stat­utory mar­it­al prop­erty re­gime of par­ti­cip­a­tion in ac­quired prop­erty by fil­ing of a joint writ­ten de­clar­a­tion with mar­it­al prop­erty re­gister of­fice at their dom­i­cile.

² In this event, the con­trac­tu­al share of the sur­plus shall in fu­ture ap­ply to the total amount of the sur­plus of both spouses, un­less a mar­it­al prop­erty agree­ment provides oth­er­wise.