Urgent
Marital protection measures (MPUC) — Geneva (immediate separation)
Rapidly obtaining separation, attribution of housing, custody of children and provisional maintenance in case of marital crisis — CC arts. 172-179.
Total duration: ~3 months
Procedure steps
- 01
Immediate assessment (safety first)
In case of conjugal violence or coercion: call the police (117), seek immediate removal of the perpetrator (LVD — Domestic Violence Act, removal measures for 10 days, extendable 30 days). In parallel: lawyer consultation within 48 h.
- 02
Filing the MPUC petition
Petition filed at the Court of First Instance — Family Chamber. Summary procedure (art. 271 CPC): no need to wait for a divorce. Typical demands: (1) authorisation to live separately, (2) attribution of the family home, (3) custody of children + visitation right, (4) maintenance contribution.
- 03
Rapid appearance hearing
The court calls the parties within a short timeframe (4-8 weeks in Geneva in practice). Often a single hearing. The judge may attempt conciliation, but absent agreement, rules by order.
- 04
Marital-protection order
Motivated decision setting: authorisation to live separately (CC art. 175), attribution of housing (CC art. 176), custody and child maintenance, spousal maintenance (CC art. 176 al. 1 ch. 1). Immediately enforceable, save for appeal on suspensive effect.
- 05
Avenues of appeal
Appeal to the Cour de justice — Civil Chamber within 10 days of notification (CPC art. 314, summary procedure). Suspensive effect on request. Beyond, final judgment.
- 06
Later modification or conversion into divorce
MPUC can be modified in case of material change of circumstances (CC art. 179). After 2 years of separation, either spouse can file for divorce on unilateral grounds (CC art. 114).
Legal basis
Cross-border dimension
If one spouse is domiciled in France (frontalier) or the children are schooled in Annemasse / Saint-Julien-en-Genevois, jurisdiction remains primarily Swiss if the couple lived in Geneva (art. 46 PILA). Anticipate, however, exequatur of the order in France for maintenance and custody if one parent settles durably on the French side.
Frequently asked questions
Do I need to be in divorce proceedings to request MPUC?
No. Marital protection measures (MPUC) govern the conjugal crisis without dissolving the marriage. That is precisely their value: allowing rapid organisation of the practical separation (housing, custody, maintenance) without immediately filing for divorce. After two years of separation, either spouse can convert the situation into a unilateral divorce petition (CC art. 114).
How long does it take to obtain an MPUC order in Geneva?
4 to 8 weeks in practice between filing the petition at the Court of First Instance — Family Chamber and the decision. The procedure is summary (CPC art. 271), meaning typically a single hearing and a fast ruling. In emergency (violence, danger), superprovisional measures can be ordered within hours on the file alone.
Can the judge attribute the home to me even if the lease is in my spouse's name?
Yes. CC art. 176 al. 1 ch. 2 allows the judge to allocate use of the family home to the spouse with the most pressing need, regardless of who is on the lease or owns the property. The criterion is the family's interest, particularly the children's. The other spouse retains ownership or main-tenant status but must cede temporary use.
Is an MPUC order enforceable in France if my spouse moves there?
Yes, after exequatur via the Lugano Convention (art. 38 ss) for maintenance and property issues. For custody and visitation matters, Brussels II ter (art. 30) applies on the EU side. The Lugano certificate or BR2T certificate must be requested from the Court of First Instance registry as soon as the order is notified.
This procedure overview is provided for information only and does not replace individual legal advice.
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