Recognition of Abu Dhabi divorce ruling in Switzerland: Case Law Analysis

CVML

Published on May 05 , 2025

On August 27, 2024, the Swiss Federal Court issued a landmark decision (5A_489/2024) related to measures for the protection of the marital union and the recognition of a divorce judgment rendered by the Abu Dhabi Civil Family Court. The decision clarifies the conditions under which Swiss law permits the recognition of foreign divorce rulings, particularly those issued in jurisdictions that follow Islamic law, and provides significant guidance on the interplay between procedural fairness and Swiss public order. This case has profound implications for cross-border family law disputes involving Switzerland and the United Arab Emirates (“UAE”).

Background of the Case

The case arose from a dispute between two spouses. The wife, a Swiss citizen resident in Switzerland, initiated on July 12, 2023 before the District Judge of Lugano, a proceeding for the protection of the marital union against her husband, an Italian citizen residing in the UAE. The husband on his side filed for divorce before the Abu Dhabi Civil Family Court (“AD Court”) on July 4, 2023 and the divorce ruling was issued on August 15, 2023 by the AD Court.

In a nutshell, the husband disputed the competence of the Swiss courts on the ground of the foreign divorce ruling issued by the AD Court while the wife confirmed her request before the Swiss courts, arguing that it would not be possible to recognize this foreign divorce ruling in Switzerland.

The Swiss Federal Court confirmed the competence of the Swiss courts in relation to the measures for the protection of the marital union as the foreign divorce ruling issued by the AD Court could not be recognized in Switzerland, citing procedural irregularities and incompatibility with Swiss public order, notably in relation to the notification of the divorce hearing by SMS to the wife.

Key Legal Issues

1. Procedural Irregularities

The Swiss Federal Court confirmed that proper notification and adherence to due process are prerequisites for the recognition of foreign judgments under Swiss law. The court found that the summons sent to wife via SMS by the AD Court did not meet Swiss procedural standards. Specifically, the notification violated Article 27(2)(a) of the Swiss Private International Law Act (PILA), which requires proper and effective notification to ensure a party’s right to be heard.

By failing to meet these procedural safeguards, the divorce judgment issued by the AD Court could not satisfy the criteria for recognition in Switzerland.

2. Compatibility with Swiss Public Order

The court also addressed substantive issues, emphasizing that the unilateral application of Islamic law by the Abu Dhabi court contravened Swiss principles of gender equality and fairness in marital disputes. According to Article 27(1) PILA, foreign judgments cannot be recognized if they are manifestly incompatible with Swiss public order. The Federal Court noted that the Abu Dhabi ruling failed to consider the specific circumstances of the wife and applied Islamic law in a manner inconsistent with the Swiss understanding of spousal equality.

The reasoning of the Swiss Federal Court does not seem to take into account that the AD Court is a secular court that applies secular laws and regulations to (non-Muslim) foreigners in relation to family matters (including divorce) and not Islamic law, based on:

AD Law No 14/2021 on the Civil Marriage and its Effects in the Emirate of Abu Dhabi (“AD Law 14/2021), and

Resolution No. 8/2022 concerning the Marriage and Civil Divorce Procedures in the Emirate of Abu Dhabi.

Article 16 (Equality between Males and Females in Rights and Obligations) of the AD Law 14/2021 confirms the principle of equality between men and women in the rights and obligations in relation to family matters, including divorce and joint custody.

Therefore, we failed to understand the Swiss Supreme Court’s reasoning related to Islamic Law in that case and on which ground the application of the AD Law 14/2021, which is a secular law, contravenes to the Swiss public order.

Under the AD Law 14/2021, any spouse (husband or wife) may apply unilaterally for divorce and the divorce will usually be pronounced by the AD Court within one month (after one hearing), the joint custody been automatically granted to the spouses in case of minor children. Any financial claims or dispute over joint custody will be dealt with by the AD Court in separate legal proceedings. That been said, divorce-related disputes about custody, child support or alimony, will not prevent the issuance of the divorce judgement, allowing the ex-spouses to move on with their lives separately rather than forcing them to stay married until all divorce related aspects have been sorted out before the court will issue the divorce ruling. We do not believe that this approach, while different from the more traditional Swiss legal framework, contravenes the principles of gender equality or fairness in matrimonial disputes. On the contrary, it seems to uphold similar values, although the approach is different.

Implications of the Decision

1. Stringent Standards for Procedural Fairness

This court decision highlights a crucial question in cross-border disputes: What are the chances that a judgment in my favor will be recognized and enforced in another jurisdiction? The Swiss Federal Court reaffirms that foreign judgments must meet fundamental procedural standards as recognized in Switzerland.

From a Swiss perspective, notification methods such as SMS or other electronic means, while valid in the UAE and align with the UAE Paperless Government Program initiative, are unlikely to suffice for recognition in Switzerland. Swiss courts may scrutinize foreign proceedings to ensure compliance with key principles, including the right to be heard and proper notification.

2. Protection of Swiss Public Order

The ruling underscores the importance of Swiss public order in cross-border family law cases. Judgments that apply foreign laws in a manner that contradicts Swiss principles—such as gender equality and the equitable treatment of spouses—will face significant hurdles to recognition.

However, the Swiss Federal Court’s reasoning on this point is difficult to reconcile with the facts of the case. The Abu Dhabi court applied a secular regulation that upholds gender equality rather than Islamic law, making the Swiss court’s concerns about public order to be misplaced.

3. Practical Consequences for Cross-Border Couples

This decision has direct implications for international couples seeking recognition of foreign divorce judgments in Switzerland. Spouses must ensure that foreign proceedings adhere to Swiss procedural and substantive standards. Legal practitioners should anticipate potential obstacles and consider initiating parallel proceedings in Switzerland to secure enforceable rulings.

4. Impact on International Legal Cooperation

The case highlights the challenges of international legal cooperation in family law. It underscores the importance of treaties or bilateral agreements that facilitate mutual recognition of judgments while respecting national legal norms. Without such agreements, Swiss courts will continue to apply strict scrutiny to foreign rulings.

Conclusion

The Swiss Federal Court’s decision in 5A_489/2024 sends a clear message: procedural fairness and public order remain central to cross-border family law disputes in Switzerland. Foreign divorce judgments will only be recognized if they align with Swiss principles of justice, particularly due process rights. This ruling sets a precedent, reaffirming Switzerland’s commitment to upholding its traditional legal values, even as the global landscape evolves. It also highlights potential divisions between traditional views and new practices that are emerging in countries such as the UAE where paperless programs initiatives advocate for the use of digital and electronical communication means for all transactions across all governmental services, including in relation to the judicial system.

In light of the above, seeking further legal advice when getting a divorce in cross-border situations from qualified lawyers in the concerned jurisdictions is advisable to understand key procedural aspects and challenges for the recognition and enforceability of foreign divorce rulings in other jurisdictions.

Alejandra Esmoris | Head of Private Clients