Glossary · Swiss and international law

International jurisdiction (PILA art. 59)

Rule determining whether the Swiss courts can hear a divorce or ancillary divorce action involving an international element.

Reference : LDIP art. 59

The Swiss courts have jurisdiction in divorce matters where :

the respondent spouse is domiciled in Switzerland;
or the petitioner spouse has been domiciled in Switzerland for at least one year;
or the petitioner is Swiss.

Article 59 PILA is one of the most consulted rules of Swiss private international law because it opens or closes the door of a Geneva court to binational couples. Domicile is assessed under art. 20 PILA — it is not merely administrative: it requires effective residence with the intention to settle.

See also