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Federal Act
on Private International Law
(PILA)

Art. 65

VI. For­eign de­cisions

 

1 A for­eign de­cree of di­vorce or sep­ar­a­tion is re­cog­nised in Switzer­land if:

a.
it was is­sued in the state of dom­i­cile or ha­bitu­al res­id­ence, or in the state of cit­izen­ship of either spouse;
b.
it is re­cog­nised in any of the states in­dic­ated in let­ter a; or
c.
it was is­sued in the state where the mar­riage was cel­eb­rated and the ac­tion can­not or can­not reas­on­ably be ex­pec­ted to be brought in either of the states in­dic­ated in let­ter a.43

2 However, a de­cree that was is­sued in a state of which neither spouse or only the plaintiff spouse is a cit­izen is re­cog­nised in Switzer­land only:

a.
if, at the time of fil­ing the ac­tion, at least one of the spouses was dom­i­ciled or had his or her ha­bitu­al res­id­ence in that state and the de­fend­ant spouse was not dom­i­ciled in Switzer­land;
b.
if the de­fend­ant spouse sub­mit­ted to the jur­is­dic­tion of the for­eign court without re­ser­va­tion; or
c.
if the de­fend­ant spouse ex­pressly con­sents to re­cog­ni­tion of the de­cree in Switzer­land.

43 Amended by An­nex No 2 of the FA of 18 Dec. 2020 (Mar­riage for All), in force since 1 Ju­ly 2022 (AS 2021 747; BBl 2019 8595; 2020 1273).