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Hamm Higher Regional Court, Decision of 11.7.2023 – II-9 UF 219/21: A divorce proceeding initiated in Switzerland has legal pendency, even if this arises under Swiss law merely by submitting the divorce petition to the court.
A transition from a unilateral divorce petition to a joint divorce request does not influence the already existing pendency. It remains in effect.
A preceding proceeding in Switzerland would only be disregarded if the applicant based in Germany would face an unreasonable disadvantage due to the application of Swiss jurisdiction.
Background: The pendency of a divorce proceeding abroad, especially in Switzerland, raises questions in German jurisprudence. Specifically, it needs to be clarified to what extent a pendency created abroad is recognized and considered in Germany. The aforementioned decision by the OLG Hamm provides clear guidelines for this issue and emphasizes the importance and recognition of foreign divorce proceedings, as long as no unreasonable disadvantages arise for the German-based petitioner.
