Protective Measures for the Conjugal Union (PMCU)

If both spouses do not agree on the divorce, it is not possible to initiate amicable divorce proceedings in Switzerland.
Under Swiss law, a two-year separation period is required before divorce proceedings can be initiated in this situation.
During this period of separation, it may be necessary to take protective measures before the divorce is granted.
These measures, known as marital union protection measures (PMCU), help to establish clear rules for this transitional period.

Separation by mutual consent

In most cases, it is advisable to opt for an amicable divorce procedure to speed up the process.
It’s often simpler to reach a mutual agreement than to embark on lengthy and costly legal proceedings.
In any situation of conflict between two spouses, it’s important to put the interests and well-being of the children first.
Therefore, parents should generally expect to share custody of the children in an equitable manner to meet their needs in a balanced way.

It should also be stressed that spouses should not forget that they can always turn to marriage counsellors for help.
These professionals can offer them support in resolving their conflicts and exploring alternative solutions to separation or divorce.

Separation without consent

When living together is problematic, particularly when one spouse leaves the family home with no intention of returning, it can be difficult to draw up a separation agreement.
In such cases, the remaining spouse can appeal to the judge by submitting a petition.
This will enable the judge to rule on urgent issues such as separation, child custody, visiting rights and the fate of the family home.

How to apply for marital union protective measures (PMCU)

You are strongly advised to seek the services of a lawyer before undertaking any legal proceedings with legal consequences, including measures to protect the marital union.
Decisions taken during such proceedings may have repercussions on subsequent proceedings, such as a unilateral divorce application.

It is crucial to formulate your request with precision, as the divorce process can take several months or even years, and the implementation of the measures decided upon can take more than two years.
What’s more, decisions taken during the divorce proceedings concerning child custody, visiting rights and the allocation of the family home are generally difficult to change at a later date.

Duration of protective measures for spouses

During the divorce process, situations may arise where both spouses are unable to reach an agreement for various reasons, such as disagreement over the need for a divorce, leading to refusal on the part of one or both spouses.
In such situations, a period of separation may be necessary, accompanied by the implementation of protective measures to maintain the marital union.

Measures to protect the marital union

It is therefore essential to take protective measures to resolve any problems that may arise during this period.
These measures can cover essential aspects such as parental authority and custody, financial contributions, and the allocation of housing and furniture.
Resolving these issues is crucial to protecting the interests of all parties, especially the children.

The procedure

Protective measures may be requested from the competent court in either spouse’s place of residence, either unilaterally or by mutual agreement.
This written procedure requires no particular form and can be initiated by a simple letter.
The protective measures listed in articles 172 to 180 of the Swiss Civil Code may be requested.
The competent judge may summon the future ex-spouses to a hearing to try to reach an agreement.
In some cases, the children may also be heard by the judge.
However, in urgent situations, it is possible to obtain superprovisional measures without a hearing.

The importance and necessity of measures to protect the marital union

Measures to protect the marital union (PMCU) were introduced primarily to deal with questions concerning the impact of divorce on the lives of the spouses, even before the divorce is finalized.
Their aim is to preserve the marital union and guarantee its continuance.
They are put in place when the spouses are faced with disputes or circumstances that prevent an amicable divorce, notably when one of the spouses contests the principle or agreements of the divorce.
The judge may take these measures well before the start of divorce proceedings, if he or she deems them necessary.
If no request for modification or unilateral divorce is made, these measures remain in force throughout the divorce period.