Modification and
enforcement of
foreign
judgements
Once a foreign judgment has been recognized in Switzerland, the next challenge often follows: its enforcement. Decisions involving financial matters—such as alimony or the split of assets under matrimonial property law—typically require a declaration of enforceability (exequatur) before they can be put forward through debt collection proceedings the same way than a Swiss decision; for judgments from the EU or EFTA, the Lugano Convention may simplify this step. If circumstances have changed significantly since the initial ruling—such as a higher income, a new place of residence, or different needs of the child—one might consider its modification, leading to the question of which country has now jurisdiction over the matter. We clarify all these issues for you and consistently enforce the outcome—both in Switzerland and abroad through our international partner network.
Contact: contact@alkatout-legal.ch | +41 22 512 04 05
A foreign judgment does not automatically become enforceable in Switzerland. For financial claims—such as alimony or the split of assets—a declaration of enforceability (exequatur) is required; only then can the claim be enforced like a Swiss decision, through debt collection proceedings in the event of a dispute. If the judgment originates from an EU or EFTA country, the Lugano Convention significantly simplifies this process. For decisions regarding child-related matters, enforcement works differently: Here, the focus is not on debt collection but on cooperation with the competent authorities—including official enforcement assistance.
Decisions regarding child support and other child-related matters are hardly ever set in stone. If there are significant changes in income, residence, the child’s care situation, or the child’s needs, a modification of the initial ruling may be requested. The key preliminary question in such cases is: which country has jurisdiction? Depending on the circumstances of the case, jurisdiction may remain with the court that originally issued the decision, or it may transfer to the child’s new habitual residence—for example, if the child now lives in Switzerland. This assessment is the first step in any modification strategy.
The Swiss Act on Private International Law provides the general framework for the enforcement of finance-related decisions; in the case of judgments from the EU and EFTA, the Lugano Convention, which simplifies enforcement, generally applies to maintenance obligations. For maintenance decisions from numerous other countries, the Hague Convention on Maintenance Obligations (HCMO) also governs both enforcement and jurisdiction over subsequent modifications. For matters concerning children (custody, care, protective measures), the Hague Convention on the Protection of Children (HCPC) determines which state has jurisdiction over a modification; the decisive factor is generally the child’s habitual residence at the time of the modification, rather than necessarily that at the time of the original judgment.
SPECIFIC SCENARIOS BY TYPE OF JUDGMENT
Alimony: if alimony is not paid, the focus is often on immediate enforcement in addition to securing long-term payments through garnishment of wages, for instance.
Matrimonial property law: payments following the split of the spouses' assets which arise from a foreign judgment are treated like a Swiss judgment once a declaration of enforceability has been issued—in cases involving international assets, this often involves parallel proceedings in multiple countries.
Child-related matters: a modification usually concerns the physical custody arrangement, visitation rights, or parental authority—here, the child’s best interests are paramount, regardless of which country originally rendered the decision.
Non-European countries: in the absence of relevant treaty law, we assess enforcement and jurisdiction for a modification in accordance with the general rules of the Swiss International Private Law Act (IPRG)—drawing on our network of partners in over 80 countries.
A recognized judgment is of little value if it is not enforced—or if it no longer reflects current circumstances. We specialize exclusively in family law and guide you through every step of the process, from obtaining a declaration of enforceability to debt collection, and from jurisdictional issues to substantive modifications. In our firm, you speak directly with your attorney. If swift action is required—for example, because assets are at risk of being withdrawn—we act immediately in an emergency. Backed by our network of partners in more than 80 countries, we stand by your side.
Yes, if the other party is not cooperative, recognition and a declaration of enforceability (exequatur) generally precede the actual enforcement. For judgments from the EU or EFTA, the Lugano Convention significantly simplifies this step. Only after the declaration of enforceability has been issued can the claim be enforced through debt collection proceedings, just like a Swiss judgment.
This depends on the specific circumstances, both within and outside Switzerland. The decisive factors are generally the habitual residence of the person entitled to support, as well as the relevant international treaties, in particular the Hague Convention on Maintenance Obligations. We will determine jurisdiction in advance.
Often, yes. Under the Hague Convention on the Protection of Children, jurisdiction is generally determined by the child’s current habitual residence, not necessarily by the child’s habitual residence at the time of the original judgment. We will examine whether a modification is possible in Switzerland.
Once exequatur has taken place, the foreign ruling is treated like a Swiss judgment and can be enforced through ordinary debt collection proceedings. In cases involving international assets, we simultaneously assess whether enforcement abroad through our network would be more effective.