Facts
A.S. and R.S. married in Switzerland in 1983 and moved to France in 1989. In 2000, their marriage was divorced in France. The French divorce judgment regulated the matters concerning the children and maintenance payments, but did not contain any provisions regarding the division of the termination benefit of R.S. from his Swiss pension fund. A.S. subsequently filed a claim in Switzerland to supplement the French divorce judgment with respect to this termination benefit.Considerations
The Federal Supreme Court decided that the division of the termination benefit is an ancillary consequence of the divorce, which can be assessed by the Swiss divorce court in supplementary proceedings. In principle, the law applicable to the divorce (divorce statute) pursuant to Art. 63 para. 2 and Art. 64 para. 2 PILA is decisive.
The Federal Supreme Court examined whether the pension statute should exceptionally be applied instead of the divorce statute. However, it concluded that the requirements for the application of the exception clause of Art. 15 PILA are fulfilled in the present…