Question juridique clé
Whether the facilitated naturalization application was admissible in the absence of an ongoing marital community under Art. 28 LN.
Solution extraite
No. Facilitated naturalization for the foreign spouse requires an actual marital community; pending divorce or factual separation excludes the condition.
Motifs extraits
The court held that Art. 28(1)(a) LN requires not only a formal marriage but a true shared life. The legislature did not provide facilitated naturalization for a foreign parent of Swiss children, and exceptional cases cannot override the express statutory requirement where the marital community has ceased.