Foreign-judgment recognition (exequatur)

Recognition and enforcement in Switzerland of foreign judgments — Lugano Convention, LDIP art. 25 ss, Hague Convention 1970 on divorce — civil, commercial, family.

A foreign judgment does not produce automatic effects in Switzerland. To enforce it — seize bank accounts, register an asset transfer, secure custody or visitation, recover maintenance — it must first be recognised and, where coercive measures are sought, declared enforceable. That procedure is exequatur. The firm handles exequatur of French, EU and non-EU judgments before the Court of First Instance of Geneva and the Cour de justice.

Two regimes, one outcome

Depending on the origin of the foreign judgment, the applicable regime changes:

  • Lugano Convention 2007 (RS 0.275.12) — civil and commercial matters between Switzerland and the EU / EFTA. Includes maintenance from divorce. Excludes status, capacity, matrimonial property regimes, succession, social security and arbitration.
  • LDIP art. 25-31 (RS 291) — general regime for everything Lugano does not cover, and for judgments from non-Lugano states.

For the divorce decree itself coming from a Hague-Conference state, Switzerland applies the Hague Convention of 1 June 1970 on the recognition of divorces and legal separations.

For UK judgments post-Brexit (since 1 January 2021), Lugano no longer applies — the LDIP regime is used.

The procedure at a glance

The detailed walk-through is in our procedure page : Recognition of a French judgment in Switzerland.

Key checkpoints:

  1. Obtain a certified copy of the judgment from the originating court, together with proof of finality and, for Lugano matters, the Annex I certificate.
  2. Translate into French if the judgment is in a language other than the Geneva official language.
  3. File a petition at the Court of First Instance of Geneva. The court rules on the file, typically without an oral hearing.
  4. Notify the opposing party. Opposition deadline: 30 days for Swiss-resident parties, 60 days for foreign-resident parties (art. 43 al. 5 LUG).
  5. Decision — first instance, then 30 days for an appeal to the Cour de justice.

Grounds for refusal — narrow but real

Exequatur is refused only on narrowly defined grounds:

  • Indirect jurisdiction (art. 26 LDIP) — the foreign court must have had jurisdiction under Swiss rules of indirect competence. See Indirect jurisdiction.
  • Right to be heard — the defendant must have been properly served and able to defend.
  • Swiss public policy (art. 27 LDIP) — recognition is refused if the result would be manifestly incompatible with Swiss values. See Swiss public policy.
  • Conflicting decision — a prior Swiss or earlier foreign decision already covers the dispute between the same parties.

The court does not re-examine the merits of the foreign decision.

Typical files

  • French divorce decree to be transcribed at the Swiss civil registry and to enforce custody / maintenance effects in Geneva.
  • French maintenance order to be enforced against a Swiss-resident debtor — via LP proceedings after exequatur.
  • EU commercial judgment (Spanish, German, Italian, Dutch) to be enforced against a Swiss-resident debtor’s bank accounts.
  • UK judgment (post-Brexit) — LDIP regime, more documentation, more delay.
  • Non-EU judgment (US, UAE, Russia, Brazil) — LDIP regime, careful indirect-jurisdiction analysis required.
  • Foreign succession decision when the deceased had assets in Switzerland.

Strategic timing

The exequatur is often a prospective step. We anticipate it from the moment the foreign petition is filed:

  • ensuring the foreign judgment will satisfy Swiss recognition requirements (jurisdiction, due process, public policy);
  • securing the right documents at the foreign court (the Annex I certificate is often forgotten);
  • mapping the Swiss enforcement chain that will follow (debt-collection proceedings, custody enforcement, registry transcription).

For maintenance orders, see also our procedure : Recovering cross-border maintenance.

Mirror procedure — Swiss judgments to be enforced abroad

If you hold a Swiss judgment (divorce, maintenance, custody) and need to enforce it in France or another EU state, the mirror procedure applies — French rules of exequatur, EU Brussels IIb for parental responsibility, Lugano for civil and commercial. The firm coordinates with a correspondent on the foreign side when needed.

What you receive

  • A pre-screening note assessing the probability of recognition before any cost is committed.
  • The exequatur petition with full annexes, ready to file.
  • Handling of opposition, appeal and any subsequent enforcement steps (LP proceedings, registry transcription, custody execution).
  • Coordination with a French notary or huissier when the foreign side is involved.

Trilingual French / English / Spanish. Every file handled personally by Maître Andrea von Flüe.

Have my judgment recognised