Facts
The case concerns divorce proceedings between an American married couple who were residing in Switzerland at the time the lawsuit was filed. The spouses had married in New York in 1975 and lived there until 1981 before moving to Switzerland. In August 1985, the husband filed for divorce in Geneva, while the wife returned to the USA in 1986. The courts in the cantons applied Swiss law exclusively in this case, without examining the question of the applicable law under private international law. In the appeal proceedings before the Federal Supreme Court, the question of the applicable law was then examined more closely.Considerations
The Federal Supreme Court states that pursuant to Article 43a paragraph 1 letter a of the Federal Supreme Court Act (OG), the Federal Supreme Court must ex officio examine which law is applicable, even if the appellant does not assert this. According to Article 61 paragraphs 1 and 2 of the Federal Act on Private International Law (IPRG), the domicile of the spouses at the time of filing the divorce…