Facts
A.X. and B.X. divorced by mutual consent through a judgment of the District Court of Prizren (Kosovo) on May 30, 2003. On October 7, 2003, the Department of the Interior of the Canton of Aargau ordered the recognition and registration of this foreign divorce in the civil status registers at the domicile of A.X.
B.X. appealed this decision to the Cantonal Court of Aargau, which partially upheld the appeal and annulled the contested decision on June 1, 2004.
A.X. then appealed to the Federal Tribunal, requesting the annulment of the cantonal judgment and the recognition of the foreign divorce judgment.
Considerations
The Federal Tribunal upheld the appeal of A.X. The recognition of the foreign divorce judgment does not violate Swiss public policy, even if the spouses were not personally heard by the foreign judge.
Indeed, B.X.'s consent to the divorce clearly emerges from the power of attorney she gave to a lawyer to represent the parties in the mutual consent divorce proceedings. Although the personal hearing of the parties by the judge is in principle required under…