Questione giuridica chiave
Whether the facilitated naturalization application was admissible in the absence of an ongoing marital community under Art. 28 LN.
Decisione estratta
No. Facilitated naturalization for the foreign spouse requires an actual marital community; pending divorce or factual separation excludes the condition.
Motivazione estratta
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.