OTHER PROCEEDINGS
MODIFICATION OF JUDGMENT
The personal or financial circumstances of the parties may change in such a way that the situation becomes inequitable and unbalanced (e.g. loss of employment, illness, relocation, cohabitation, second marriage, children from a second union, etc.). When the conditions for a modification are met, it is advisable to file an application to modify the judgment in order to obtain a decision adjusted to the new reality.
COMPLEMENTING A FOREIGN DIVORCE JUDGMENT
A foreign divorce judgment may be incomplete in certain aspects, requiring the intervention of the Swiss judicial authority to complete the judgment so that it can be enforced in Switzerland. This is particularly the case for occupational pension assets (2nd pillar) located in Switzerland. In such circumstances, an application to complete the divorce judgment must be submitted in Switzerland.
MARRIAGE CONTRACT / PRENUP
Swiss law does not explicitly recognize prenuptial agreements or advance divorce agreements, which are common in common-law systems. Nevertheless, the Swiss Federal Supreme Court has confirmed that such agreements are valid in principle (ATF 145 III 474). The recognition and enforcement of such contracts under Swiss law depend on a subsequent examination of each clause by a Swiss judge.
DEBT AND RECOVERY
Often, maintenance contributions are not paid, or are only partially paid. A judgment or an approved agreement ordering the payment of a maintenance contribution represents an enforceable title in Switzerland. If the debtor resides abroad but has assets in Switzerland (e.g. bank accounts, insurance, real estate, etc.), these assets may be sequestered (art. 271 LP).
CONCUBINATING
Although concubinage is not specifically regulated by Swiss law, it is recognized and produces certain legal effects. However, concubines do not enjoy the same legal protection as married couples.
In certain situations (e.g. renunciation of a professional activity, birth of a child, acquisition of real estate), it is advisable to consult a professional and conclude an agreement to fill any gaps and make an informed commitment.
RECOGNITION AND EXEQUATUR OF FOREIGN JUDGMENTS
Recognition of a foreign judgment in Switzerland depends on whether the foreign authority has jurisdiction under Swiss law, whether the judgment is final and whether there are any grounds for refusal. In matters of maintenance obligations, Switzerland applies the Hague Convention of October 2, 1973.
DOMESTIC VIOLENCE
Article 28b of the Swiss Civil Code allows victims of violence to apply for judicial protective measures. These measures can include various prohibitions, such as approaching the victim or frequenting certain places, and can be pronounced independently of matrimonial proceedings. In the event of immediate danger, super-provisional measures can be quickly ordered.
GUARDIANSHIP FOR ADULTS
The protection authority can intervene when a person is in need of assistance, on report or at his or her own request, and pronounce protective measures adapted to each situation.
A distinction is made between guardianship for support (393 CC), guardianship for representation (394 and 395 CC), guardianship for cooperation (396 CC) and general guardianship (398 CC). The first three can be combined to best suit the individual situation of the person to be protected.
ANTICIPATED PERSONAL MEASURES
Anyone can come to a situation where others have to decide for him or her (incapacity of discernment due to accident, illness or advancing age).
Thanks to the mandate for incapacity (art. 360 to 369 CC), it is possible to determine in advance the person of trust who will be responsible for providing various services in the event of incapacity for discernment. The patient's advance directives (art. 370 to 373 of the Swiss Civil Code) make it possible to designate a therapeutic representative and to record the patient's wishes in the field of medical care, with clear instructions to ensure that the patient's wishes are respected.