Key legal question
Whether Art. 56 of the Federal Act on Civil Status and Marriage requires proof that the foreign state will recognize a Swiss divorce judgment.
Extracted holding
The foreign divorce judgment need not be certified by the foreign government, but recognition must be shown by the foreign state's legislation or judicial practice; here that proof was lacking.
Extracted reasoning
Swiss courts may hear divorce cases of foreigners resident in Switzerland only if the home state recognizes application of the law of the place of residence and thus the validity of the Swiss judgment. The materials from Prussia showed conflicting judicial views and no sufficient certainty of recognition.