Facts
The subject of the proceedings is the recognition of a divorce pronounced in Ghana and its registration in the Swiss registers. The Ghanaian national Benjamin T. and the Swiss national Esther K. married in 1990 in Accra according to Ghanaian customary law. In 1993, the marriage was dissolved in Ghana according to the same customary law. Esther K. then applied to the Swiss authorities for the registration of the divorce in the Swiss civil status register, which Benjamin T. later contested.
Considerations
The Federal Supreme Court decided that a private divorce under Ghanaian customary law is to be considered a "decision" within the meaning of Art. 25 et seq. and Art. 65 of the PILA and can therefore generally be recognized in Switzerland. However, when examining the requirements for recognition under Art. 27 of the PILA (public policy), particular attention must be paid to the circumstances of the private divorce.
In the present case, it could not be conclusively clarified whether Benjamin T. was aware of the divorce and involved in it. If he…