Marital protection measures (MPUC) — Geneva

Marital protection measures before the Family Chamber of the Court of First Instance: living separately, custody, maintenance, attribution of the family home — CC arts. 172-179.

When a couple reaches an acute crisis but is not yet ready to file for divorce, marital protection measures (MPUC, CC arts. 172-179) allow rapid judicial intervention to organise the separated life. Procedure is summary (CPC art. 271), the order is issued in 4 to 8 weeks at the Geneva Family Chamber.

When to apply

MPUC are the right vehicle when :

  • cohabitation has become unbearable but the spouses are not (yet) ready for divorce;
  • urgent organisation is needed for the children’s daily life;
  • there is a financial risk (account emptying, ongoing debts in one spouse’s name);
  • one spouse needs to leave the marital home rapidly, including in cases of conflict or violence.

For acute violence, our procedure page covers the immediate steps : Marital protection measures.

Available measures

  • Authorisation to live separately (CC art. 175) — formal recognition that the spouses live apart.
  • Attribution of the family home (CC art. 176 al. 1 ch. 2) — to the spouse with the most pressing need (custody of children, professional dependence on the location).
  • Custody of children — sole or alternating, with visitation calendar.
  • Child maintenance under the Federal Tribunal two-step method.
  • Spousal maintenance during separation (CC art. 176 al. 1 ch. 1) — keeps the lower-earning spouse’s standard.
  • Asset-protection measures — restriction on disposing of specified assets.
  • Separation of accounts — formal end of joint financial management.

Summary procedure (CPC art. 271)

The procedure is faster than ordinary divorce :

  1. Filing of the request to the Court of First Instance — Family Chamber. Petition + supporting evidence.
  2. Hearing scheduled within 4 to 8 weeks at Geneva.
  3. Often a single hearing — the judge attempts conciliation, then rules if no agreement is reached.
  4. Order issued in writing, motivated and immediately enforceable.
  5. Appeal to the Cour de justice — Chambre civile within 10 days (CPC art. 314).

Effects in time

  • MPUC remain in force as long as the spouses live separately.
  • They can be modified if circumstances change materially (CC art. 179) — change in income, change of children’s situation, change of housing.
  • After two years of separation, either spouse can file for divorce on unilateral grounds (CC art. 114).

Cross-border specifics

For binational families, the MPUC raises questions of:

  • Jurisdiction — Swiss court if one spouse is domiciled in Switzerland (art. 46 PILA).
  • Exequatur in France — the MPUC order must be made enforceable in France if one spouse settles there, especially for maintenance and custody.
  • Schooling continuity — if children stay in a French school but one parent moves to Geneva, the visitation schedule must respect the school’s calendar.

Practical interplay with divorce

MPUC are not a prerequisite to divorce — you can file for divorce directly. But they often serve as a bridge :

  • they organise the separation while one spouse decides whether to file for divorce;
  • they crystallise an initial financial allocation that anchors the future divorce negotiation;
  • they document a separation period that may later support a unilateral divorce under CC art. 114.

The strategy of MPUC-then-divorce vs. direct divorce is a key choice that should be made consciously with counsel.

What you receive

  • A pre-filing assessment of the appropriate measures and their realistic scope.
  • Drafting of the MPUC petition with full evidentiary file.
  • Representation at the hearing(s).
  • Drafting of an appeal if the first-instance order is unsatisfactory.
  • Coordination with criminal protection measures (LVD) in cases involving violence.

First consultation CHF 50.

Discuss my MPUC case