Facts
P.S., born in 1920, and A.S., born in 1963, married on December 6, 1995 in Z. after a brief acquaintance. On May 18, 1999, P.S. filed a lawsuit with the judge of district X. for divorce of the marriage, granting of a pension, and satisfaction. The Cantonal Court of Valais dismissed the appeal filed by A.S. against the first instance divorce judgment. A.S.'s appeal to the Federal Supreme Court also remained unsuccessful.
Considerations
The Federal Supreme Court states that according to the binding findings of the Cantonal Court, A.S. had left P.S. under the impression that she wanted to enter into a domestic partnership, but from the beginning had not intended this and instead primarily sought foreign law and financial advantages. Since P.S. wanted to enter into a marriage in the sense of a genuine community of life and destiny, he was deceived or betrayed by A.S. Therefore, the Cantonal Court rightly pronounced the divorce under Art. 115 of the Swiss Civil Code (ZGB).
The Federal Supreme Court points out that the plaintiff…