Is the Swiss judge competent?

According to Art. 59 of the Switzerland’s Federal Code on Private International Law (CPIL), the following authorities shall have jurisdiction over actions of divorce or separation:

  • The Swiss courts at the defendant’s domicile;
  • The Swiss courts at the plaintiff’s domicile if he has resided in Switzerland for one year or is a Swiss citizen.

 

Regarding the ancillary effects of the divorce, such as the dissolution of the matrimonial property regime for example, Art. 63 I CPIL provides that the Swiss courts with jurisdiction over an action of divorce or separation shall also have jurisdiction over all matters ancillary to the divorce or separation.

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This website aims to provide general information regarding Swiss law and should not be regarded as a legal opinion. For more specific advice, do not hesitate to contact us.