MPUC or divorce?

MPUC or divorce?

"I've been married for over 15 years and want to separate from my husband. After getting information from both sides, I've been advised various solutions, such as protective measures or divorce. I don't understand the difference. Should I choose?F, Geneva

It is important to know that in order to be able to file for divorce unilaterally in Switzerland, a certain number of conditions must be met.

Articles 114 and 115 of the Civil Code (CC) stipulate that a spouse may only apply for a divorce if the couple has been living apart for at least two years at the time the court proceedings are filed. Divorce may also be sought where there are serious grounds that are not attributable to the applicant that make the continuation of the marriage unbearable; such grounds may include physical violence likely to endanger health or a serious criminal offence.If the spouses have not been living separately for at least two years, or if no serious grounds can be identified, it is only possible to divorce by mutual agreement, at least on the principle of separation.When the spouses are not on the same wavelength, either on the separation or its modalities, the Civil Code provides them with a provisional solution called "measures to protect the marital union". Article 176 of the Civil Code stipulates that when the suspension of cohabitation is ordered, the judge may regulate the effects of the separation and, in particular, at the request of the husband or wife, fix the maintenance contributions for the children and spouse respectively, take measures relating to the home and household furniture or order the separation of property if the circumstances so justify. Where the couple have minor children, the judge will mainly determine custody and visiting rights for them on the basis of an overriding criterion: the welfare of the child.

Once measures to protect the marriage have come into force, they can last for several years. The main difference between these measures and a divorce is that the marriage is not dissolved, so there is no division of pension assets.

After two years of living separately, during which time any measures to protect the marital relationship will have been applied, either spouse may file a unilateral application for divorce with the court. Normally, these measures will cease to have effect once the divorce decree has come into force.