Questão jurídica principal
Whether the civil registry could refuse to participate in the marriage preparation procedure under Art. 97a ZGB
Decisão extraída
Yes. The circumstances established by the cantonal courts showed an obvious lack of genuine intent to form a marital community and an intention to circumvent immigration rules.
Fundamentação extraída
The Court accepted the cantonal findings of numerous indicia: unusual timing of the divorce and remarriage request, large age gap, inconsistent knowledge about family and work, and refusal to clarify paternity by DNA testing. These facts allowed the inference of an abusive marriage intent.