Facts
On 19 August 1980, [Z.], a Moroccan national, divorced his Moroccan wife F.L. at the Moroccan Embassy in Bern. On 21 August 1980, the Embassy issued a certificate attesting to the validity of this divorce according to Moroccan law. On 29 September 1980, [Z.] obtained a certificate from the Moroccan Embassy confirming the divorce. In October 1980, [Z.] and [H.], a Swiss national, took steps with the Civil Registrar of Lausanne with a view to their marriage, but the authorization was refused because [Z.] could not be considered divorced. On 6 November 1980, [Z.] and [H.] were married in London. On 12 March 1982, the Civil Status and Residents Section of the Canton of Jura refused to authorize the registration of this marriage in the family register. [H.] appealed against this decision up to the Federal Tribunal.Considerations
The Federal Tribunal dismissed the appeal. Although [Z.] was authorized to remarry according to his national law, the divorce pronounced by the Moroccan Embassy in Bern cannot be invoked before the Swiss authorities. In Switzerland, such a jurisdictional act is reserved for the ordinary civil courts. A divorce pronounced by a foreign embassy therefore has no effect in Switzerland, and Z.'s first marriage cannot be considered dissolved. Consequently, his second marriage to [H.] cannot be recognized and registered in the Swiss civil registers, as it would be tainted with nullity under Swiss law.
The Federal Tribunal also rejected the appellant's…