Facts
W., of German nationality, and Pauline W., of Canadian nationality, were married in Canada in 1960 and were naturalized as American citizens in 1962. They had lived in several countries before settling in La Chaux-de-Fonds, Switzerland, in 1979. In 1986, W. filed for divorce before the Matrimonial Tribunal of the district of La Chaux-de-Fonds. Although the spouses had a common American nationality, the tribunal applied Swiss law under Article 15(1) PILA.
Considerations
According to the Federal Tribunal, Article 61(1) PILA provides that divorce is governed by Swiss law when Swiss courts have jurisdiction. Article 61(2) PILA states that the common national law of the spouses applies when they have a common foreign nationality and only one is domiciled in Switzerland.
Although the spouses had a common American nationality, the Federal Tribunal considered that Article 15(1) PILA allowed the application of Swiss law. Indeed, it was evident that the case…