Swiss Jurisdiction for Marital Protection Measures Pending Foreign Divorce

A court was asked to rule on the jurisdiction of a Swiss court to issue marital protection measures (Eheschutzmassnahmen) under Article 175 of the Civil Code, despite a divorce action pending abroad. The court reasoned that Swiss courts retain jurisdiction to grant such measures under Article 10 of the Private International Law Act (IPRG) when the divorce proceedings are pending elsewhere and the foreign court has not issued equivalent, enforceable provisional measures, as the goal is to ensure continuous legal protection for the separation period, which cannot be jeopardized by complex recognition issues in the summary proceedings. This jurisdiction under Article 10 IPRG applies even if the foreign court has since rendered a divorce decree, as the core need for protection remains until the foreign judgment is recognized and enforced in Switzerland.