Facts
By a spousal protection order dated November 26, 2013, the District Court approved an agreement concluded on the same day, in which the spouses A. regulated, among other things, the maintenance contributions for the spouse and children. On February 11, 2014, the spouses initiated divorce proceedings. By submission dated July 31, 2014, the husband requested that the maintenance contributions be adjusted to changed circumstances. He appeals the final cantonal decision in civil matters.
Considerations
The possibilities for modifying a spousal protection measure based on agreement or a provisional measure in divorce proceedings are limited. The same restrictions apply as those described by the case law for divorce settlements:
An adjustment can only be demanded if significant factual changes affect parts of the facts that were considered established at the time of the agreement. However, there is no adjustment to substantially and permanently changed circumstances regarding facts that have been comparatively defined in order to deal with an uncertain situation (so-called caput controversum), since there is no reference value by which the significance of any change could be measured.
The correction of a provisional measure due to originally incorrect decision-making bases is also limited, insofar as the maintenance regulation is based on an agreement with which the parties intended to definitively end a legal dispute. A change…